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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
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)
Sectional Title Debt Traps – What you need to know
We address the issue of Debt Traps. A Debt trap means that the Body Corporate owes a large amount of money to one or more financial institutions or service providers without an end in sight for the repayments.
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?
It is important to take note that no conduct rule can override the management rules. In terms of section 10(1) of the Sectional Titles Schemes Management Act (the “STSM Act”), the management and conduct rules are both subject to the provisions of the STSM Act.
Prescribed Conduct Rules for Sectional Title Schemes
Prescribed conduct rules are a set of rules that cover various aspects of living in a sectional title schemes. These rules include…
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
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?
Garage doors located in the exterior walls of sections will be partially part of the section (the inner 50%) and partially part of the common property (the outer 50%). It could be that a garage has been made subject to exclusive use either
Year-end checklist from a Body Corporate perspective
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 stands. This article will set out a list of things that the trustees may wish to address or conclude going into the festive period.
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?
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 short-term tenants.
Holiday checklist – What to remember before going away
This article will set out a few important things to remember before going away, such that we can truly soak up the sun and enjoy our holidays away from home without any unnecessary stresses.
Can bodies corporate disconnect the electricity of owners in arrears?
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 Division High Court
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?
In situations where people must cohabit and utilise the same shared space, utilities, facilities or resources, proper management is necessary to ensure that such use is equitable, fair and in line with the agreed standards and shared rules,
Advancing Standards: Professionalism in Community Schemes Management
Elevating the professional status of our industry demands a robust framework. Such a framework must be built on a uniform standard of education, and will require not only technical skills and experience from those tasked with managing schemes,
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, or law.
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.