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…
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
Recently Tumi, The Narrator, did a very informative (and entertaining) video on the use of gas heaters in sectional title schemes. More and more individuals are making use of gas due to the breaks in our electricity supply during loadshedding. Gas can be used for many purposes in residential homes:
gas geysers, gas heaters, gas braais and gas burners
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 title schemes. The CSOS is designed to provide an alternative
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
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