Legal
Change of use in Exclusive Use Areas
The issue of change of use in sectional title arises when owners decide to use parts of their sections or exclusive use areas for a purpose other than it was intended
Stratafin news
Read news, views, and insights on all subjects relating to community housing schemes, bodies corporate, and homeowner associations.
Articles
The installation of Generators in Sectional Title
Can your community scheme install generators in the scheme? How the body corporate can navigate the power cuts in South Africa to ensure the fair usage of generators and alternative energy sources.
Arrear levies
How bodies corporate should deal with unpaid or arrear levies
In terms of Prescribed Management Rule contained in Annexure 1 to the Regulations of the STSM Act (“PMR”) 25(1) the body corporate must, within 14 days after the approval of the annual budget at the AGM, give the members notice of their liability to pay the contributions levied, and this notice must include:
Articles
Prescribed Management Rules
Prior to the commencement of every financial year of the body corporate, the trustees shall cause to be
prepared an itemised estimate of the anticipated income and expenses of the body corporate for the ensuing financial year, which estimate shall be laid before the annual general meeting for consideration in
terms of rule 56 hereof.
AGM/SGM
Virtual AGM’s for making body corporate decisions
Certain decisions are reserved for the body corporate in terms of the Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”), the Prescribed Management Rules (the “PMRs”). These decisions need to be taken by adopting resolutions of the members
AGM/SGM
Body Corporate AGM notice periods
Members of body corporates must meet annually to deal with certain legislated agenda items and resolutions. Suitable notice periods for the AGM must be given to owners within a Body Corporate. These meetings can occur physically, face-to-face, or remotely.
AGM/SGM
How to calculate Quorum at a Sectional Title AGM
In order for sectional title schemes to run effectively, certain decisions need to be taken at legally compliant annual general meetings (“AGMs”) by the body corporate. For example, the trustees need to be elected, the budget needs to be approved and the extent of the insurance coverage needs to be determined
Articles
Sectional Title Budgeting for the non-financially minded Trustee
For the South African homeowner and Trustee in a Sectional Title Scheme, there may be some doubt regarding how monthly levies are determined, how to go about budgeting for Scheme expenses, and how to manage reserve funds to ensure they are available when required.
