Sectional title developments typically have standardised designs and uniform materials are selected for windows and doors. Although windows and doors are part of a section, they effectively form part of the common property…
Annual General Meetings (AGM`s) may seem daunting or laborious when you first acquire a property in a sectional title scheme but it is an important and necessary responsibility…
When the Sectional Titles Schemes Management Act no 8 of 2011 was promulgated in October 2016, many trustees and owners in sectional title schemes were under the impression that special levies were now a thing of the past. What lead to this impression was the obligatory requirement for a maintenance, repair and replacement plan (MRRP), compelling schemes to save for big expenses and evidently eliminating the need for special levies…
Being a trustee in a sectional title scheme is by all accounts a thankless job for which there is usually no payment offered. Why then, do people make themselves available to perform the duties of a trustee?…
EUAs comprises parts of the common property where specific owners enjoy exclusive use and enjoyment of these areas. The different types of usages allocated to EUAs include parking bays, storerooms, balconies, roof terraces, gardens and garages…
Homeowners’ associations (HOAs) and sectional title schemes are referred to as community schemes. There are many differences between these types of schemes…
As you know, community schemes have not escaped the effects of COVID-19 and need to comply with additional restrictions over and above the rules of the scheme…
The purpose of rules in a community scheme is to provide guidance on how residents, who share common facilities, must conduct themselves. Naturally, it is imperative that the rules are enforced in order to make them effective…
All the members in a sectional title development contribute to the scheme’s income which is used to pay its expenses. This may seem simple in theory but when a member starts falling behind in their levy payments, it can quickly escalate and put the scheme under financial strain…
For many owners in a sectional title scheme, attending the annual general meeting (AGM) is the only opportunity to participate in discussions and decisions concerning the complex.
The trustees are responsible for arranging and running the AGM with the help of their managing agent…
Short term letting is a controversial topic in sectional title for various reasons, one of which involving the uncertainty as to what is allowed and what is not…
A 10-year maintenance, repair and replacement plan for major capital assets is an annual general meeting must – and goes a long way in reducing the need for special levies…
While installing pre-paid meters or sub-meters mostly sound like a good idea, the reality is that many bodies corporate opt not to implement meters. The most common reasons include timing issues, the costs associated with the installation and the inconvenience to owners during the installation period…
Buying property in a community scheme remains a popular choice for many buyers whether they are first-time buyers or established buyers. Community schemes come in various shapes and sizes, and includes security estates, sectional title complexes, retirement developments and housing estates…
South African Sectional Title schemes and Homeowners’ Associations could possibly face financial trouble if homeowners do not start making up the levy payments that were deferred during the national lockdown…
Sectional title living can offer heightened security, affordability, and a communal way of life. However, sectional title ownership comes with a variety of responsibilities and legalities of which property buyers are not always aware…
The Covid-19 outbreak has seen some investors heading for more spacious, freestanding homes while others are still seeking the benefits of more compact, manageable accommodation in sectional title units…
One of the more frequently complained about aspects of sectional title management is the unauthorised spending of body corporate funds by the trustees or the scheme’s managing agent…
As trustees serve and manage a body corporate’s affairs, their appointment is one of the most important decisions a body corporate makes every year but unfortunately, many elected trustees are unaware of the extend of their roles and responsibilities…
A body corporate is responsible for the maintenance of the common property of the scheme which includes planned and unforeseen maintenance. Maintenance to water damaged areas tends to raise the question: “Who is responsible for the repairs after a leak has been discovered?”…
Appointing body corporate trustees is one of the most important decisions that the members of the scheme must make every year. Trustees should have the relevant knowledge and management skills, and they should also be able to carry out their responsibilities in a way that benefits the scheme…
Once a body corporate already holds substantial funds in reserve, do they need to keep contributing to the maintenance reserve?…
Community scheme living can be challenging as it often involves people from diverse backgrounds and with different personal preferences. Issues that become a point of contention involve noise disturbance, the keeping of pets, parking problems and refuse disposal, to name only a few…
In part 1 – 9 June 2020, we discussed the three P’s: People, parking and pets which are generally the biggest points of contention in sectional title schemes. Aside from the three P’s, there are five further rules providing guidance in how to effectively govern behaviour in sectional title schemes. These are:…
The minister of Agriculture, Land Reform and Rural Development, Thoko Didiza, recently published the Sectional Titles Amendment Bill, 2020, which she intends on presenting to Parliament before the end of the year…
In sectional title schemes there is a collective responsibility on the various owners to ensure their scheme is well managed and maintained…
Changes to the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) on 7 October 2016 made fidelity insurance compulsory for bodies corporate. This means that the body corporate must insure itself against the potential loss of its funds by way of fraudulent or dishonest conduct by the trustees, managing agent or anybody who has access to these funds…
In the past, many community schemes have found themselves in financial distress due to poor planning by trustees, or due to push back from owners not wanting to increase levies. The lack of efficient planning had the result of placing undue financial stress on individual owners as well as the body corporate when major maintenance repairs became necessary…