The elected trustees of a sectional title schemes have been given many powers and duties in the Sectional Titles Schemes Management Act, 8 of 2011 (“the STSM Act”). In particular sections 3, 4 and 5 of the STSM Act prescribe the functions, powers and additional powers of the body corporate
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
I recently had a discussion with a managing agent on the role of the chairperson in general meetings of the body corporate (“AGM meetings”). There is often confusion regarding the chairperson’s powers and responsibilities in this regard.
In my previous two articles I discussed improvements to common property requiring body corporate approval and minor changes to common property that are capable of being approved by the trustees.
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.
Introduction Community living means that owners and occupiers live in close proximity and need to share space and amenities. The Sectional Titles legislation deals with any of the consequential negative
Introduction Owners can appoint another person as a proxy to attend general meetings. In contrast, trustees cannot appoint a proxy to attend trustee meetings on their behalf. Trustees often incorrectly
It is important to take note that no conduct rule can override the management rules. In terms of section 10(1) of the Sectional Titles Schemes Management Act (the “STSM Act”), the management and conduct rules are both subject to the provisions of the STSM Act.
This article will be an analysis of the appeal to the Supreme Court of Appeal (the SCA) which is cited as The Body Corporate of Marsh Rose v Steinmuller and Others
Section 13(1)© of the STSM Act states that an owner must repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition.
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