The trustees stand in a fiduciary relationship towards the body corporate, while the managing agent stands in a contractual relationship towards the body corporate, and is still under the supervision of the trustees who maintain their fiduciary obligation to the body corporate.
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.
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
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.
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:
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?
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
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.
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…
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
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