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.
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
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
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
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
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 NO (2003/019308) [2024] ZAGPJHC 198 (7 March 2024) Introduction This case was heard on 14 February 2024 and decided on
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
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
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