Recently I received an interesting consultation request to give advice on the cancellation of an exclusive use storeroom. In this scenario the scheme had a storeroom that had been allocated to an owner for their exclusive use by way of an exclusive use rule in terms of sections 10(7)
The efficient management of the physical attributes of a sectional title scheme an important function of the body corporate. The body corporate have certain responsibilities in regard to the maintenance, repair and replacement to the buildings making up the scheme
Is the developer responsible for poor initial workmanship? Is the body corporate responsible as it’s a physical maintenance matter that affects the whole body corporate? Is an owner of a section that has structural defects responsible for the repair as it only relates to that one unit?
What is the procedure for the removal of trustees? Trustees must be elected at the first general meeting of the body corporate and then at each subsequent AGM. In exceptional circumstances it may become necessary for a trustee to be removed from office between AGMs.
Where the developer is a trustee, he or she is disqualified from voting on matters in which he or she has a direct interest. The legislative provisions that require the prohibition relate to the trustee’s fiduciary responsibility.
The well-known saying “where there is smoke there is fire” rings so true in sectional title schemes. All forms of smoke nuisance can cause conflict within sectional title schemes. Examples of smoke nuisance include cigarette and cannabis smoke; braai smoke as well as cooking fumes.
Discover the world of sectional title schemes and homeowners associations (HOAs) as we unravel their complexities. Join us to demystify these unique residential setups and gain a deeper understanding of their governance and operation.
There are various principles that should be considered by trustees for a pet application by an owner or tenant of a sectional title scheme.
We discuss a recent CSOS adjudication order that sets out the principles that must be considered when trustees give consent for keeping a dog in the scheme
A Community Scheme service addresses is an important part of serving any legal documents. Do you know what a service address is and the PMR requirements?
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