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Deadline for Building on Vacant Land
Sectional Title Governance

Deadline for Building on Vacant Land

Community Schemes are living arrangements where people share the use of and responsibility for land or buildings. Examples of community schemes include sectional title complexes, homeowners’ associations, retirement housing schemes, share block companies, and housing cooperatives.

July 10, 2023
Sectional Title governance refund from the Local Authority after registration
Sectional Title Governance

Sectional Title governance refund from the Local Authority after registration

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

April 12, 2023
Hear me roar: The use of generators in Sectional Title Schemes
Sectional Title Governance

Hear me roar: The use of generators in Sectional Title Schemes

There is no sound that pierces a fellow South Africans heart quite like the mighty roar of their neighbour’s generator in the early hours of the morning. While residents in Sectional Title Schemes dream of a day that they too can use a generator to mitigate the detrimental effects of loadshedding, they are awakened to a reality that does not allow for this.

March 29, 2023
The distinction between movable and immovable property
Sectional Title Governance

The distinction between movable and immovable property

It is important to clearly distinguish between movable and immovable property when buying or selling a house. Movable property consists mainly of the owners’ personal belongings that can be moved freely and are not affixed to the property itself.

February 27, 2023
What it means to be a trustee
Sectional Title Governance

What it means to be a trustee

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations.

November 30, 2022
The Family Home – A customary law concept gets acknowledgement from the CC
Sectional Title Governance

The Family Home – A customary law concept gets acknowledgement from the CC

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.

September 28, 2022
The body corporate and the Community Scheme Ombud Service (CSOS)
Sectional Title Governance

The body corporate and the Community Scheme Ombud Service (CSOS)

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.

September 28, 2022
ULTRA – The CC once again confirms the importance of women’s rights in Rahube v Rahube and Others [2018] ZACC 42
Sectional Title Governance

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

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.

September 28, 2022
SPLUMA in Mpumalanga: the saga continues
Sectional Title Governance

SPLUMA in Mpumalanga: the saga continues

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.

August 24, 2022
A closer look at two cases where HOA restrictions were dealt with
Sectional Title Governance

A closer look at two cases where HOA restrictions were dealt with

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.

July 25, 2022
Can you run a business from a sectional title scheme?
Sectional Title Governance

Can you run a business from a sectional title scheme?

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.

May 27, 2022
Sectional title units and body corporate rules
Sectional Title Governance

Sectional title units and body corporate rules

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

May 31, 2019
Upkeep and repairs in sectional title schemes
Sectional Title Governance

Upkeep and repairs in sectional title schemes

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.

March 3, 2019
Fining a member in a sectional title scheme
Sectional Title Governance

Fining a member in a sectional title scheme

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.

September 28, 2018
Homeowners Associations (HOA) and Body Corporates – same, same but different
Sectional Title Governance

Homeowners Associations (HOA) and Body Corporates – same, same but different

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.

July 5, 2018
Selling a sectional title unit
Sectional Title Governance

Selling a sectional title unit

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.

June 1, 2018
Your sectional title unit and Airbnb
Sectional Title Governance

Your sectional title unit and Airbnb

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.

April 28, 2018
How to avoid special levy shock
Sectional Title Governance

How to avoid special levy shock

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.

November 24, 2017
Body corporate rules
Sectional Title Governance

Body corporate rules

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.

October 30, 2017
Body corporate AGMs – why you should attend
Sectional Title Governance

Body corporate AGMs – why you should attend

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.

September 27, 2017
An overview of sectional title levies
Sectional Title Governance

An overview of sectional title levies

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.

July 28, 2017
What you need to know about the new Sectional Titles Schemes Management Act
Sectional Title Governance

What you need to know about the new Sectional Titles Schemes Management Act

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.

October 13, 2016
Must-knows about extending a Sectional Title Unit
Sectional Title Governance

Must-knows about extending a Sectional Title Unit

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

September 26, 2016
Can trustees be paid for their time?
Sectional Title Governance

Can trustees be paid for their time?

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.

June 15, 2016
Ask to see the body corporate’s financial statements before buying
Sectional Title Governance

Ask to see the body corporate’s financial statements before buying

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.

March 3, 2016
Structural alterations require body corporate approval
Sectional Title Governance

Structural alterations require body corporate approval

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

January 25, 2016