Articles
Read views, and insights on all subjects relating to community housing schemes, body corporate news, and homeowner associations.
Articles
Need more info?
Follow us!
Call us on:
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 structure
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
Sectional Title Debt Traps – What you need to know now
Let’s discuss what getting into a debt trap really means and more importantly, how to get out of it
Dealing with Sections, Common Property and Exclusive Use Areas
Introduction Community living means that owners and occupiers live in close proximity and need to share space and amenities. The Sectional Titles legislation deals with any of the consequential negative
When can a Trustee be replaced?
Introduction Owners can appoint another person as a proxy to attend general meetings. In contrast, trustees cannot appoint a proxy to attend trustee meetings on their behalf. Trustees often incorrectly
Can trustees consent to changes to common property?
Introduction Recently I was approached by a client who owns a unit in a mixed-use scheme. The trustees had authorised the installation of an air vent and extractor fan for
Levy Debt Collection – The Process Explained and the Time Periods Exposed
What is a levy? A levy is an amount determined by the Trustees of a Body Corporate payable by each owner/member of the scheme in proportion to the size of
Analysis of the Marsh Rose Judgement Delivered in the Supreme Court of Appeal
This article will be an analysis of the appeal to the Supreme Court of Appeal (the SCA) which is cited as The Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZASCA 143 (2 November 2023). The case was heard on 15 March 2023, and the SCA delivered their judgement on 2 November 2023.
What can be done when an owner fails to maintain their section?
Section 13(1)© of the STSM Act states that an owner must repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition.
Who is responsible for the maintenance of Garage Doors
Who is responsible for maintaining garage doors?
Year-end checklist from a Body Corporate perspective
Introduction It’s beginning to feel a lot like Christmas! As the year draws to an end the trustees may wish to take stock of where the management of the scheme
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 structure
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
Do you know your Body Corporate Rules?
Watch as Willie Roos from Stratafin and Zerlinda van der Merwe from TVDM Consultants discuss how to properly consider the rules that your Body Corporate needs. They discuss which rules can be legally enforced, the process to get your rules approved by CSOS, and how to properly enforce your Body Corporate rules with owners and tenants.
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
Marsh Rose Webinar: Stopping The Hustle
Do you know what protection Bodies Corporate enjoy under section 15(B)3 of the Sectional Titles Act? Join in and listen to our discussion on Marsh Rose Body Corporate vs Steinmuller in respect of the appeal and how it positively affects your scheme.
Demystifying Duets Understanding Shared Property Ownership
Watch the latest insightful webinar, hosted by Willie Roos (Stratafin), Abrie Snyman (Multiprof Property Intelligence), Mike Addison (Addsure) and Johlene Wasserman (JW Consultants) discussing the do’s and don’ts of living in a Duet…
