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The Sectional Titles Act, 1986, provides that the functions and powers of the body corporate are performed and exercised by trustees. The practical necessity for having an executive committee to make the day to day decisions of sectional title co-owners is borne out by the frequent complaint that owners do not attend meetings. If owners are reluctant to attend the AGM, where vital decisions for the coming…
An overview of the ‘CSOS’ by Prof. Graham Paddock, lead co-author of the pending legislation: The Community Scheme Ombud Service Act, No. 9 of 2011 (“the Act”) will come into force on a date to be fixed by the President by proclamation in the Gazette. In terms of the Act the term “community schemes” includes: 1. Sectional titles development schemes in terms of the Sectional Titles Act (Act 95 of…
When a new sectional title (ST) complex is launched, the developer can elect to build fewer units than may be allowed on the site, and reserve the right to develop the rest at a later stage. This is known as a “Section 25 right to extend”, and those buying homes in both new and established sectional title schemes should always check, before signing an agreement…
The concept of exclusive use in sectional title schemes is not always clearly understood and it should be, for three very good reasons. Firstly it is an arrangement that gives rise to legal rights that are associated with the ownership of the sectional property and are passed on to subsequent owners of that property; second there are specific things that the owner who holds the…