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Noise Nuisance during the Festive Season
The summer season in South Africa brings increased festivities and celebrations. Holidays such as Halloween, Guy Fawkes, Christmas and New Years Eve mean increased socialisation. It is meant to be a time we rest, relax, recalibrate and reconnect with friends and family. Unfortunately, this period can create excessive noise nuisance in schemes.
Have you considered waterproofing before winter?
Introduction It feels like recently I have been seeing stormy weather (strong winds, heavy rain, hail and even snow) and natural disasters wreak havoc and cause expensive damages to personal
Case discussion on SS Glen High v Kruger (10 September 2024)
This case was heard on 28 August 2024 and decided on 10 September 2024 by De Beer AJ (Acting Judge of the High Court, Gauteng Division). The application was for summary judgment as embodied in rule 32 of the Uniform Rules of Court.
Who is responsible for Pipes, Wires, Cables and Ducts?
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 the maintenance responsibility for pipes, wires, cables and ducts. Recently a member asked the following question:
Can Trustees also be Employees of the Body Corporate?
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 duly elected trustee be appointed as the caretaker of the scheme in terms of an employment contract?
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 I will set out the different types of contributions that the trustees are responsible for collecting on behalf of the body corporate
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.
What safety measures are required for swimming pools 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…
Can you let your Sectional Title property on a Short-term basis?
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 of units within the scheme.
Not all property owners purchase units as residential owners
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
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 corporate. The timely and accurate execution of these responsibilities are fundamental to the sound, transparent and good governance of the scheme.
All gassed up! Gas use in Sectional Title Schemes
Recently Tumi, 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 of gas due to the breaks in our electricity supply during loadshedding. Gas can be used for many purposes in residential homes:
gas geysers, gas heaters, gas braais and gas burners
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
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 particular sections 3, 4 and 5 of the STSM Act prescribe the functions, powers and additional powers of the body corporate
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 are small improvements authorised in 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
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 trustees.
What is Fidelity Insurance?
Managing a body corporate’s finances requires a high duty of trust. The risk of the mismanagement of funds needs to be mitigated against. Fidelity insurance covers the body corporate against any fraud or dishonesty committed by a trustee, managing agent, employee or other agent of the body corporate.
The Problem that is Parking
When I first started practicing as a community scheme attorney I realised that there were three topics that came up as common “problems” in sectional title living. I categorised these issues as the “3 ‘P’s’ of sectional title living”, namely pets, parking and people. These “P problems” are the cause of most of the issues and disputes in sectional title schemes. In this article I will deal with parking issues.
Complying with Insurance and Risk coverage requirements
There is a myth in the sectional title realm that the body corporate insurance covers everything. This article will set out the facts on all things sectional title insurance and risk coverage. More specifically, this article will deal with the most important insurance responsibilities that need to be undertaken to ensure that your scheme is compliant with the legislative requirements.
Webinar – Your Voice Matters – The Power of Participating at your AGM
Listen to our latest Webinar by Willie Roos from Stratafin, Poena Le Roux (Meeting Pal) and Zerlinda van der Merwe (TVDM Consultants). as they discuss the importance of an AGM, from levies to fect the decisions made within your scheme…
The Automatic Renewal of Property Management Agreements and what our Courts have said about it
Prescribed Management Rules 28 (7) and 28 (8) state that “a management agreement may not endure for a period longer than three years and may be canceled without liability or penalty, despite any provision of the management agreement or other agreement to the contrary-
Online and Hybrid Meetings
The question is, is online and hybrid meetings a blessing or a tool to exclude owner participation. I for one is in favour of online and hybrid meetings as these represent a remarkable advancement in how we can conduct discussions within the community schemes community. These modern meeting formats are truly the future, offering unparalleled convenience and efficiency, ensuring attendance and participation.