More Articles

Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

The Family Home – A customary law concept gets acknowledgement from the CC[post_view before=""]

This is an application that ended up in the Constitutional Court, by a partner (applicant) who lived with her late partner in, what was to them, their family home. Upon the death of her late partner, she (the applicant) was appointed the executrix of her deceased partner’s estate who died intestate. The applicant and deceased were not married but had lived together for years in the family home the applicant had inherited from her late grandfather as a “family home” intended to be for the benefit of the family.

Read More
Minors and immovable property
Sectional Title Governance

The Body Corporate and the Community Scheme Ombud Service[post_view before=""]

It is commonly accepted that the trustees appointed in a sectional title scheme have a fiduciary duty to manage the scheme in good faith and with its best interest in mind.  This is supported by the fact that all owners in a sectional title scheme have similar obligations toward other residents in the scheme and the common property. This is also underpinned by the Sectional Titles Schemes Management Act 8 of 2011.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

ULTRA – The CC once again confirms the importance of women’s rights in Rahube v Rahube and Others [2018] ZACC 42[post_view before=""]

This case involves the apartheid era, where not only rights of black people were oppressed but also rights of women. In this case, an entire family lived together in a property – that is, the applicant, her grandmother, uncle, three brothers (including the first respondent) and two children.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

SPLUMA in Mpumalanga: the saga continues[post_view before=""]

In this article, we take a closer look at an ongoing matter relating to SPLUMA in Mpumalanga. SPLUMA stands for the Spatial Planning and Land Use Management Act, and all municipalities in the province have issued by-laws relating to SPLUMA certificates and the transfer of property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

A closer look at two cases where HOA restrictions were dealt with[post_view before=""]

In 2014, a developer in Midstream estate in Midrand instituted legal action against two sets of owners/respondents in almost identical cases. Both cases dealt with clauses that imposed an obligation to build a dwelling within a prescribed time frame.  Here’s…

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Can you run a business from a sectional title scheme?[post_view before=""]

Since the onset of the Covid-19 pandemic in 2020, many people have started working from home – or even running businesses from home. This trend has led many trustees and bodies corporate to ask whether an owner or tenant in a sectional title scheme can run a business from their unit.

Read More
Minors and immovable property
Sectional Title Governance

Sectional Title Units and Body Corporate Rules[post_view before=""]

Here is what you need to know about buying into a Sectional Title Scheme and what to expect from Body Corporate Rules.

Read More
Upkeep and repairs in sectional title schemes
Sectional Title Governance

Upkeep and repairs in sectional title schemes[post_view before=""]

You just took transfer and became the proud owner of a unit in a sectional title scheme. After the first summer rains you notice, with dismay, that there are damp stains on the outer walls of your unit. You inform the body corporate, who, by way of their trustees, indicate that the said damp must be fixed by you as the owner of the unit.

Read More
Sectional Title Governance

Fining a member in a sectional title scheme[post_view before=""]

Sectional title schemes rely heavily on its members to ensure the effective functioning and operation of the scheme. While often not the first port of call, should other avenues have already been explored, there are situations in which a member of the sectional title scheme may be fined for contravening management or conduct rules.

Read More
Minors and immovable property
Sectional Title Governance

Homeowners Associations (HOA) and Body Corporates – same, same but different[post_view before=""]

For a number of reasons, popularity of sectional title schemes and homeowners associations have risen over the last couple of years, including better security options, affordability and unique living spaces. Understanding the differences between these two bodies is a must for any prospective home buyer in modern day communal living.

Read More
Minors and immovable property
Sectional Title Governance

Selling a sectional title unit[post_view before=""]

Sectional title units have grown in popularity over the last number of years because of the increased security and affordability that these units offer. This is particularly true for first-time buyers or young couples starting out.

Read More
Your sectional title unit and Airbnb
Sectional Title Governance

Your sectional title unit and Airbnb[post_view before=""]

Many people who own a second property are owners of a unit in a sectional title scheme for investment purposes. These units have largely been let to tenants for rental income, but more recently, Airbnb has changed the landscape of property rentals and how owners are able to derive an income from their investment properties.

Read More
Transfer and Bond Calculators
Sectional Title Governance

How to avoid special levy shock[post_view before=""]

A special levy can come as a rather unpleasant shock to sectional title unit owners when the added expense was not expected. As such, property owners should make themselves aware of what to expect when such costs are incurred.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

Body Corporate Rules[post_view before=""]

Body corporate management and conduct rules play an essential part in the effective and smooth operation of a sectional title scheme, so it’s crucial that owners and trustees are aware of the requirements in drawing up and amending these rules.

Read More
My name has changed - what happens to my property’s title deed?
Sectional Title Governance

Body Corporate AGMs – why you should attend[post_view before=""]

Sectional title property owners often view the body corporate annual general meeting (AGM) as a formality or even an inconvenience, but attendance at these meetings is an important part of sectional title ownership and should be viewed as such.

Read More
Sectional Title Governance

An overview of sectional title levies[post_view before=""]

For many, buying into a sectional title scheme comes with peace of mind knowing that the regular levy costs incurred will cover the expense of ongoing maintenance to the sectional scheme. However, it is important to understand what these levies cover and who is responsible for what.

Read More
My name has changed - what happens to my property’s title deed?
Sectional Title Governance

What you need to know about the new Sectional Titles Schemes Management Act[post_view before=""]

The Sectional Titles Schemes Management Act (STSMA) has been signed into law and became effective on 7 October 2016. As a result, trustees of sectional title schemes will have to reassess the levy contributions from owners each month.

Read More
Upkeep and repairs in sectional title schemes
Sectional Title Governance

Must-knows about extending a Sectional Title Unit[post_view before=""]

While extending a property might be a good investment, there are a number of factors to consider when it comes to sectional title unit. 

Read More
Transfer and Bond Calculators
Sectional Title Governance

Can trustees be paid for their time?[post_view before=""]

The role of trustee is often a thankless and time consuming responsibility, and the question is often raised whether they should be remunerated for their work or not.

Read More
Transfer and Bond Calculators
Sectional Title Governance

Ask to see the body corporate’s financial statements before buying[post_view before=""]

Over and above the structural integrity of a building, when buying into a sectional scheme there are a number of elements that should be inspected closely to make a good investment.

Read More
Buying a property in the name of a company or trust - the pros and cons
Sectional Title Governance

Structural alterations require body corporate approval[post_view before=""]

It is important for potential owners to understand the benefits and potential drawbacks of buying into a sectional scheme.

Read More
Sectional Title Governance

Refund from the Local Authority after registration[post_view before=""]

Will I get a refund from the Local Authority after registration and how does it work?

Read More

Need more Snymans content?

Sign up for our monthly newsletter.