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.
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…
With the rise of Artificial Intelligence (AI), property managers are now equipped with powerful tools to streamline their operations, enhance efficiency, and improve the living experience for residents.
Introduction 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
The body corporate, through the trustees (or managing agent if one is appointed), have various duties to compile, keep and make financial records available to members of the body corporate. The timely and accurate execution of these responsibilities are fundamental to the sound, transparent and good governance of the scheme.
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