Latest News


Sep

09

2019
Creating parking bays in your scheme

Creating parking bays in your scheme

By Ané de Klerk Record shows that the number of registered vehicles in South Africa has doubled in the past 20 years. With more than 12 million registered vehicles on our roads today, it comes as no surprise that some schemes built a number of years ago, quite simply do not sufficiently cater for the amount of vehicles its occupiers have today. If your body…

Read More


Jul

25

2018
Unpacking special resolutions

Unpacking special resolutions

In sectional title schemes, there are many different types of decisions that can be taken, and in each case, the requirements for such a decision or vote is different and often more complicated than the prior resolution. It is important in order for the proper administration and management of the scheme that the requirements for taking decisions are known, understood and applied. This article looks…

Read More


Jul

25

2018
What you need to know about replacement trustees

What you need to know about replacement trustees

By Paddocks It is a fact that owners can appoint another person as a proxy to attend general meetings. In contrast, trustees cannot appoint a proxy to attend trustee meetings on their behalf. It is not unusual for trustees to incorrectly assume that if they are not able to attend a meeting, they are entitled to appoint someone else to do so in their place….

Read More


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…

Read More


Sep

19

2017
Agent accreditation in community schemes

Agent accreditation in community schemes

By Zerlinda van der Merwe (Paddocks) In our consulting department, we are often instructed to review the governance documentation of community schemes, especially in light of the changes introduced by the Sectional Titles Schemes Management Act 8 of 2011, and the Community Schemes Ombud Service Act 9 of 2011. When undertaking these instructions, we often advise our clients, as scheme executives, managing agents and members,…

Read More


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,…

Read More


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…

Read More


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…

Read More


Feb

22

2017
The two Body Corporate funds

The two Body Corporate funds

The Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) and the Prescribed Management Rules (“PMRs”) contained in Annexure 1 to the Regulations made thereunder provide for bodies corporate to have two separate funds, a reserve and administrative fund. This article will distinguish between these two funds, and set out what each fund must be used for. 1. Reserve fund In terms of section…

Read More


Feb

22

2017
Meetings – quorum and voting

Meetings – quorum and voting

This article takes a look at the quorum requirements and voting procedures at annual general meetings (“AGMs”) and special general meetings (“SGMs”), as provided for by the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) and Prescribed Management Rules (“PMRs”). This article takes a look at the quorum requirements and voting procedures at annual general meetings (“AGMs”) and special general meetings (“SGMs”), as…

Read More



Page 1 of 41234