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Apr

25

2018

How to insure owner-installed upgrades in sectional title units

Many sectional title owners renovate and upgrade their units over time with the aim of adding to their living comfort and market value. Unit upgrades typically include lapas, carports, swimming pools constructed on exclusive use areas, enclosed balconies, patios and added-on rooms, while more subtle upgrades might concern the installation of a security system or an air-conditioning unit. Such owner-installed upgrades often pose a challenge…

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Aug

23

2017
When the Body Corporate must pay for my repairs

When the Body Corporate must pay for my repairs

By Anton Kelly Owners in sectional title schemes often think that the body corporate is automatically responsible to repair damage to their section if the damage is the result of some failure of the common property. The basic maintenance and repair responsibilities are set out in the Sectional Titles Schemes Management Act “the Act” in Section 3, Functions of the body corporate and Section 13,…

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Aug

01

2017
PLAYING BY THE RULES? Assessing the Ombud’s Assessments

PLAYING BY THE RULES? Assessing the Ombud’s Assessments

In the past, judgments issued by our High Courts have played a significant, indeed crucial role in the development of our sectional title law, particularly as to how statutory and regulatory provisions are to be interpreted and applied. This is no different to any other area of our statutory law. Our entire legal system is to a large extent reliant on the precedential value of…

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Aug

01

2017
NOTICE – What does ‘in addition to’ mean?

NOTICE – What does ‘in addition to’ mean?

Section 6(3) of the Act provides three alternatives for delivery of a notice for a general meeting at which a special or unanimous resolution will be proposed and voted upon, namely:- (a)  hand delivery to the member; (b)  sending by registered post to the member at the address of his section; and (c)  sending by registered post to such other address as may have been…

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Feb

24

2016
Can a trustee also be appointed as a caretaker?

Can a trustee also be appointed as a caretaker?

It is important to note that only trustees who are owners can be appointed as caretakers due to the disqualification contained in Prescribed Management Rule (“PMR”) 5(b). Trustees are empowered to employ a caretaker. In terms of section 38(a) of the Sectional Titles Act 95 of 1986 (“the Act”), the body corporate has the power to appoint such agents and employees as it may deem…

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Feb

24

2016
The right to privacy

The right to privacy

One of the contributing factors to the increasing popularity of living in a sectional title scheme is the security which these schemes offer. The costs of installing security and other protective and preventative measures is a shared or common expense between the scheme’s members. As such, many schemes are able to afford to secure their boundaries with electric fencing, high tech security cameras, on site…

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