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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
Enforcing rules on short-term holiday tenants over the holidays
Introduction This festive time of year brings with it increased numbers of holiday makers. Investment owners in sectional title schemes located in holiday destination hotspots often let their units to
What are the rules for short-term holiday tenants over the holidays?
What are the rules for short-term holiday tenants over the holidays? This festive time of year brings with it increased numbers of holiday makers. Investment owners in sectional title schemes
Holiday checklist – What to remember before going away
For many years I used to be sad that I lived in the Southern Hemisphere during the festive period. I dreamed of the quintessential snowy white Christmas with hot chocolate
Can bodies corporate disconnect the electricity of owners who are in arrears?
Introduction The question of whether bodies corporate can disconnect water and electricity of owners in arrears with their levies was very recently considered by Wilson, AJ of the Gauteng Local
Festive decorations in sectional title schemes
With the holidays looming, festive decorations are everywhere you look. Do you know what the laws require for Festive Decorations within Sectional Title
How To Effectively Manage A Community Scheme?
Effective Community Scheme Management through Organisation In situations where people must cohabit and utilise the same shared space, utilities, facilities or resources, proper management is necessary to ensure that such
Advancing Standards: The Quest For Professionalism in Community Schemes Management
ELEVATING COMMUNITY SCHEMES MANAGEMENT: A PATH TO PROFESSIONALISM
How to build and sustain a Compliance Champion program
Compliance can be a daunting topic, especially for Trustees and Managing Agents in the Community Schemes Industry. Compliance means in the literal sense to conform to a specification, standard, rule,
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.
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
