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Who is responsible for Pipes, Wires, Cables and Ducts?
Introduction I often get inspired to write my articles based off practical questions asked on the Sectional Title Living in SA Facebook forum. A topic that often causes confusion is
Can Trustees also be Employees of the Body Corporate?
Introduction Over the years I have addressed the question of whether a trustee can be appointed as an employee of the body corporate on various occasions. Can, for example, a
A list of Contributions due in Sectional Title Schemes
The body corporate needs to collect different contributions from different parties to ensure the scheme is well maintained and administered for the benefit of all owners. In this article…
Who and what is the body corporate?
In terms of section 1 of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) ‘‘body corporate’’, in relation to a building and the land in a sectional title scheme, means the body corporate of that building. This definition does not shed much light on what the body corporate is.
Swimming Pool safety in Body Corporates
Neither the Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”); nor the prescribed management rules (the “PMRs”) or prescribed conduct rules (the “PCRs”) made thereunder contain any provisions that specifically deal with the granting consent or setting out the process for the installation and safety requirements of swimming pools within the scheme.
Can you let your Sectional Title property on a Short-term basis?
Introduction I was recently asked by a client whether they could let their sectional title unit on a on a short-term basis when the scheme’s rules expressly prohibited short-term renting
How AI Can Revolutionize Property Management in South African Sectional Schemes
With the rise of Artificial Intelligence (AI), property managers are now equipped with powerful tools to streamline their operations, enhance efficiency, and improve the living experience for residents.
Making an application for dispute resolution to the CSOS part 2
Introduction The Community Schemes Ombud Service (the “CSOS”) is a quick and cheap alternative dispute resolution body designed to resolve administrative disputes in all types of community schemes, including sectional
Body corporate’s duty to keep financial records
Introduction The body corporate, through the trustees (or managing agent if one is appointed), have various duties to compile, keep and make financial records available to members of the body
All gassed up! Gas use in Sectional Title Schemes
Introduction Recently Tums Mmope, The Narrator, did a very informative (and entertaining) video on the use of gas heaters in sectional title schemes. More and more individuals are making use
The Developer’s responsibility in regard to the first General Meeting
In simple terms the developer owns the land on which the scheme is built. The developer then works with architects, engineers, builders, land surveyors, the local municipality, conveyancers, and the deeds registry to establish the buildings on the land that will make up the scheme. Once the first unit is sold the body corporate is formed.
Ways in which Common Property can be legally structured
The community property element of sectional title schemes comes into play when we refer to common property. The body corporate must maintain the common property (while owners must each maintain their section). There are various ways in which the body corporate can restructure and reallocate common property legally
Making an application for dispute resolution to the CSOS
The Community Schemes Ombud Service (the “CSOS”) is a quick and cheap alternative dispute resolution body designed to resolve administrative disputes in all types of community schemes, including sectional title schemes. The CSOS is designed to provide an alternative
Trustees need to be in the know
Introduction The elected trustees of a sectional title schemes have been given many powers and duties in the Sectional Titles Schemes Management Act, 8 of 2011 (“the STSM Act”). In
The Different Types of Homeowners Associations (HOA’s)
Introduction In South Africa there are many types of community schemes. I am often asked what homeowners’ association (HOA) is. A HOA is a legal body in which the individual properties
The role of the Chairperson at an AGM
I recently had a discussion with a managing agent on the role of the chairperson in general meetings of the body corporate (“AGM meetings”). There is often confusion regarding the chairperson’s powers and responsibilities in this regard.
How can small improvements be authorized in sectional title schemes
Introduction In my previous article I discussed whether trustees can consent to changes on common property. In that article my focus was on larger changes or improvements to common property.
The distinction between minor and major changes to common property
Introduction In my previous two articles I discussed improvements to common property requiring body corporate approval and minor changes to common property that are capable of being approved by the
How to Manage Internal Dispute Resolution in Sectional Title Schemes?
Disputes arise frequently in sectional title schemes due to various factors such as the communal structure, common infrastructure, proximity of properties and shared costs. Sectional title scheme disputes could involve various parties including tenants, owners, trustees and the managing agent. If the dispute relates to financial and administrative issues then bookkeepers, accountants, auditors, SARS and lawyers could be involved
Responsibility for pest control in sectional title schemes
Although many may consider “pests” within the context of sectional title schemes to mean nosy neighbours; this article is in reference to actual pests and the responsibility of pest control within sectional title schemes.
Case discussion on Montrose Mews Body Corporate v Matlose Moela
Case discussion on Montrose Mews Body Corporate v Matlose Moela NO (2003/019308) [2024] ZAGPJHC 198 (7 March 2024) Introduction This case was heard on 14 February 2024 and decided on
Who is responsible for Pipes, Wires, Cables and Ducts?
Introduction I often get inspired to write my articles based off practical questions asked on the Sectional Title Living in SA Facebook forum. A topic that often causes confusion is
Can Trustees also be Employees of the Body Corporate?
Introduction Over the years I have addressed the question of whether a trustee can be appointed as an employee of the body corporate on various occasions. Can, for example, a
A list of Contributions due in Sectional Title Schemes
The body corporate needs to collect different contributions from different parties to ensure the scheme is well maintained and administered for the benefit of all owners. In this article…
Whose Scheme is it Anyway?
Our speakers Willie Roos from Stratafin and Zerlinda Van Der Merwe and Nicole Nel from TVDM Consultants discuss an interesting case in which two bodies corporate, believing they were one
Who and what is the body corporate?
In terms of section 1 of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) ‘‘body corporate’’, in relation to a building and the land in a sectional title scheme, means the body corporate of that building. This definition does not shed much light on what the body corporate is.
Swimming Pool safety in Body Corporates
Neither the Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”); nor the prescribed management rules (the “PMRs”) or prescribed conduct rules (the “PCRs”) made thereunder contain any provisions that specifically deal with the granting consent or setting out the process for the installation and safety requirements of swimming pools within the scheme.
