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Are Bodies Corporate entitled to recover legal fees in respect of arrear levy collection?
The failure by owners to comply with their legal obligation to pay levies, necessitates the Trustees to take legal action for the collection of the outstanding levies.
An owner’s failure to maintain exclusive use areas
Owner failed to maintain an Exclusive use area? The body corporate retains the operational responsibility to maintain exclusive use areas, while the financial responsibility lies with the holder of the exclusive use right.
Cancellation of an exclusive use area
Recently I received an interesting consultation request to give advice on the cancellation of an exclusive use storeroom. In this scenario the scheme had a storeroom that had been allocated to an owner for their exclusive use by way of an exclusive use rule in terms of sections 10(7)
A little something more than maintenance
The efficient management of the physical attributes of a sectional title scheme an important function of the body corporate. The body corporate have certain responsibilities in regard to the maintenance, repair and replacement to the buildings making up the scheme
Who is responsible for structural defects in sectional title schemes?
Is the developer responsible for poor initial workmanship? Is the body corporate responsible as it’s a physical maintenance matter that affects the whole body corporate? Is an owner of a section that has structural defects responsible for the repair as it only relates to that one unit?
What is the procedure for the removal of trustees?
What is the procedure for the removal of trustees? Trustees must be elected at the first general meeting of the body corporate and then at each subsequent AGM. In exceptional circumstances it may become necessary for a trustee to be removed from office between AGMs.
Can a developer vote on matters in which he has a direct interest?
Where the developer is a trustee, he or she is disqualified from voting on matters in which he or she has a direct interest. The legislative provisions that require the prohibition relate to the trustee’s fiduciary responsibility.
Smoke in Sectional Title Schemes: Legislation and Dispute Resolution
The well-known saying “where there is smoke there is fire” rings so true in sectional title schemes. All forms of smoke nuisance can cause conflict within sectional title schemes. Examples of smoke nuisance include cigarette and cannabis smoke; braai smoke as well as cooking fumes.
Difference between a sectional title scheme and homeowners association
Discover the world of sectional title schemes and homeowners associations (HOAs) as we unravel their complexities. Join us to demystify these unique residential setups and gain a deeper understanding of their governance and operation.
Principles that trustees must apply when considering a pet application
There are various principles that should be considered by trustees for a pet application by an owner or tenant of a sectional title scheme.
CSOS adjudication order on permission to keep dogs
We discuss a recent CSOS adjudication order that sets out the principles that must be considered when trustees give consent for keeping a dog in the scheme
Can I have a pet in an apartment?
I often get asked by clients ‘Can I have a pet in an apartment?’ This scenario mostly comes up when they have purchased a new unit within a sectional title scheme. Prospective purchasers are often unsure whether the sectional title scheme in which they wish to purchase will allow them to have a pet in their apartment.
The fiduciary relationship of trustees
Do you know what the fiduciary relationship of trustees for the Body Corporate is? In this article we discuss what is a fiduciary relationship and the impact.
Improvements to exclusive use areas in Community Schemes
Owners of sections may have portions of the common property for their exclusive use. Exclusive use areas can either be registered on the sectional plan or created in the management or conduct rules.
All you need to know about Community Scheme service addresses?
A Community Scheme service addresses is an important part of serving any legal documents. Do you know what a service address is and the PMR requirements?
Sectional title and POPI Act – What it means for you
The POPI Act has an effect on the access to and processing of information in sectional title schemes.
Sectional Title appearance rules and what it means for owners
Many people buy into Community Schemes for the added benefit of a harmonious appearance with little individual effort. Let’s explore what the act says.
The collection of levies in schemes that have illegal extensions
Illegal extensions on a Sectional Title unit can be a source of contention within the Body Corporate. In this article we discuss the various effects it can have.
What is common property in Community Schemes?
Do you know what common property in a Community Scheme is? In this article we will break down what the STSMA define common property as, in detail. The community element of sectional title schemes requires
Three ways to get funding to deal with levy defaulters
Community Schemes with financial restraints can obtain funding for levy defaulters through outside funders. Here are 3 types of funding for Community Schemes.
How to build and sustain a Community Scheme compliance program
Compliance can be a daunting topic, especially for Trustees and Managing Agents in the Community Schemes Industry. In this article, we discuss how to build and sustain a Community Scheme compliance program.
CSOS, Levies and Fairness: What the Waterford Decision Tells Us About Reasonableness and Good Governance
When trustees, managing agents or homeowners hear about disputes over levies, it often stirs anxiety: “What can the Community Schemes Ombud Service actually do?”, “Can CSOS rewrite our levy schedule?”
EMA Edge: Elevate Your Scheme Management
Listen to Willie Roos, CEO of Stratafin and Hendrik Brits, Director of Confiance Administrative Solutions, as they unpack the vital role of an Executive Managing Agent (EMA) in driving professionalism, structure and efficiency in community scheme management.
Levies, Liability, and Legal Precision – Distinguishing the Ashwood Centre matter from the Central Park matter
To properly appreciate the difference, we must begin with the Sectional Titles Schemes Management Act (STSMA). Section 3(1) assigns the obligation to raise levies to the body corporate, comprising of owner, through the budget approval process.
Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes
Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes
The Case Against Blanket Bans on Working from Home in Sectional Title Schemes
In a world transformed by the COVID-19 pandemic, the boundaries between work and home have blurred beyond recognition. Today, more South Africans than ever before earn their living from within their private residences. Yet, many sectional title schemes continue to enforce rules that prohibit all forms of business activity without distinction.
How to Fund Major Maintenance Projects
Budgeting for major maintenance projects is one of the most important executive functions of the trustees. Trustees attempt to keep levies low, but this should never be at the expense of saving for future maintenance projects.