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?”
The community property element of sectional title schemes comes into play when we refer to common property. Common property includes all the land and those parts of the buildings that are not included in the sections. The body corporate must maintain the common property
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.
In terms of prescribed management rule 10 a document (including contracts) is only valid and binding on the body corporate if it is signed by two trustees or by one trustee and the managing agent.
It’s beginning to feel a lot like Christmas! This time of year, brings a few additional considerations for members of the body corporate. Here are some things to take stock of over this period of year if you live in a community scheme.
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.
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.
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:
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.
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.
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