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Sectional Titles

2017
Sectional Titles

Paddocks Press - December 2016

This month's edition includes: Decisions requiring a special resolution ito the STSM Act; changes to Levy collection ito the STSM Act; and who makes the HOA rules?

Sectional Titles

Paddocks Press - January 2017

This month: Amending conduct rules; a background to Sectional Title scheme development in a very small nutshell; and short-term letting in sectional title schemes.

Sectional Titles

Paddocks Press - February 2017

This month: Quorum requirements and voting procedures at annual general meetings; the CSOS duties of executives; and investing body corporate funds.

Sectional Titles

Paddocks Press - March 2017

This month: Protecting body corporate funds; an introduction to retirement schemes; questions about AGMs; and naming and shaming non-levy paying owners.

Sectional Titles

CSOS Practice Directive 01/2017

Community Schemes Ombud Service Practice Directive 01/2017: Payment of levies and fees in terms of the Community Schemes Ombud Service.

Sectional Titles

CSOS Chief Ombud's Circular 01/2017

CSOS Chief Ombud's Circular 01 of 2017: Operational guidelines and clarity on the implementation of the Sectional Titles Schemes Management Act and Regulations.

Sectional Titles

Paddocks Press - April 2017

The April edition includes: Levy collection in light of the ST Act, the STSM Act, and the CSOS Act; water consumption in ST schemes; and parking problems.

Sectional Titles

Nip arrears in the bud

Jack Crook highlights a recent Supreme Court of Appeal decision which puts at risk a body corporate’s right to apply for the sequestration of levy defaulters’ estates.

Sectional Titles

Section 4(2) application

Allen West discusses s 4(2) of the Sectional Titles Act which provides relief when a scheme is opened on more than one piece of land which can't be consolidated.

Sectional Titles

Paddocks Press - May 2017

This month's newsletter includes: Maintenance of the common property; CSOS fidelity insurance; and forcing an owner to give up a common property garden.

Sectional Titles

The Surveyor-General is watching

A small addition to the regulations under the Sectional Titles Act adds significant protection to ST scheme owners who are subject to the developer’s right to extend.

2016
Sectional Titles

Paddocks Press - December 2015

This month's newsletter includes: building penalties in Homeowners' Associations; visitors in sectional title schemes; and a checklist for a managing agent contract.

Sectional Titles

Paddocks Press - January 2016

This month's newsletter includes: AGM season; notice confusion around managing agent contract termination; visitor parking bays; and the nature of the pool area.

Sectional Titles

Paddocks Press - February 2016

The February newsletter includes: the right to privacy in a ST schemes; appointing a trustee as a caretaker; and how to  correctly terminate a managing agent’s contract.

Sectional Titles

Paddocks Press - March 2016

The March Newsletter includes: Levy contributions authorised by trustee resolution; substitution of rules by the body corporate; and new Paddocks courses and workshops.

Sectional Titles

Paddocks Press - April 2016

The April newsletter includes: When sectional title schemes should be home owners' associations; overcrowding in sectional title schemes; and children using a pool area.

Sectional Titles

Disputes

Sascha Beck discusses the role of the Community Schemes Ombud Service  in resolving disputes in community schemes like flats, complexes HOAs and golf estates.

Sectional Titles

Paddocks Press - May 2016

The May newsletter includes: Administrative effects of a change to the PQ schedule; keeping minutes of meetings; and responsibility for boundary walls and fences.

Sectional Titles

Paddocks Press - June 2016

The June newsletter includes: How Sectional Title scheme rules will be interpreted under the Sectional Titles Schemes Management Act; and cession of contracts.

Sectional Titles

Paddocks Press - July 2016

The edition includes: SPLUMA, LUPA, and the Cape Town by-law on HOAs; cellphone masts on common property; and an owner's failure to maintain their section or EUA.

Sectional Titles

Paddocks Press - August 2016

The edition includes: Plans in Sectional Title Schemes; how to extend your section;  code of conduct trustees; and to chair or not to chair - the role of the chairperson.

Sectional Titles

Section 27

Maryke Prinsloo suggests that a simple trustee's resolution is an adequate and efficient procedure to rectify non transfer of an EUA in terms of s 27(1).

Sectional Titles

De-registration of HOAs

Chantelle Gladwin and Christopher Tucker explain the effect of de-registration and necessary re-registration of Home Owners’ Associations in the Companies Office.

Sectional Titles

Paddocks Press - September 2016

The newsletter includes: A community scheme's relationship with the local municipality; considerations before authorising the extension of a section; and trustee indemnity.

Sectional Titles

Paddocks Press - October 2016

The newsletter includes: An overview of the Community Scheme Ombud Service; Reserve funds and the STSM Act; and electronic communication in community schemes.

Sectional Titles

Effect on trustees

Sascha Beck discusses the effect of the Community Schemes Ombud Services and the Sectional Title Schemes Management Acts on the responsibilities of trustees.

Sectional Titles

Cape Registrar's Circular 03/2016

Cape Town Registrar's Circular No 3 of 2016:  Registrar's Circular 2 of 2016 is withdrawn - Revised Deeds Office practices and procedures in terms of the STSMA.

Sectional Titles

Paddocks Press - November 2016

This month's edition includes: Quorum requirements ito the Sectional Titles Schemes Management Act; access for disabled persons in schemes and "MR&R plans".

2015
Sectional Titles

Paddocks Press - December 2014

The December Newsletter includes: adequately insuring sections; updating HOA Memorandums of Incorporation; and involving a body corporate in sectional repairs.

Sectional Titles

Regulation 31 cancellation

Marie Grové discusses the cancellation of a section or part of one as envisaged by the amendment of Regulation 31 read with Section 48 of the Sectional Titles Act.

Sectional Titles

Paddocks Press - January 2015

The January Newsletter includes: maintenance responsibilities for EUAs; a discussion of the Willow Waters HOA case; and health and fitness facilities in sectional title schemes.

Sectional Titles

Directives and restrictions

In the January 2015 MCS Courier Tertius Maree considers the scope and limitations of members' powers to issue directives to or to impose restrictions upon, trustees.

Sectional Titles

Paddocks Press - February 2015

The February Newsletter includes: Holiday renters vs. permanent residents; does your scheme need Batman?; Wake up and smell the POPI; and installing generators.

Sectional Titles

Paddocks Press - March 2015

The March Newsletter includes: Community Schemes Ombud service; keeping pets in community schemes; duties of a Managing Agent; and all things "Special".

Sectional Titles

Paddocks Press - April 2015

This April newsletter includes: the special levies provisions timeline; an update on the third generation sectional titles legislation; and are sectional title rules constitutional?

Sectional Titles

Paddocks Press - May 2015

The May newsletter includes: a levy clearance certificate is an effective weapon; the independence and training of adjudicators; and a question of bricks being stored.

Sectional Titles

Paddocks Press - June 2015

The June Newsletter includes: body corporate insurance and trustees; and settling an argument regarding which financial year’s budget is approved at the AGM.

Sectional Titles

HOA question and answer

What happens when there is no mention of a HOA in the title deed or purchase agreement yet it is a condition of the local council to become a member upon purchase?

Sectional Titles

Paddocks Press - July 2015

July sees the launch of a new look Paddocks Press; the introduction of a video insert; and discussions about tree problems, the installation of gas stoves, and tuck shops.

Sectional Titles

Paddocks Press - August 2015

This month's newsletter includes: Aspects of new HOAs the initial buyers should know about; advantages of arbitration and are "bucket accounts" legal?

Sectional Titles

Paddocks Press - September 2015

This month's newsletter includes: geyser maintenance and cost responsibilities; the powers of trustees with regard to parking; and maintenance of windows and doors.

Sectional Titles

MCS Courier - July 2015

The July 2015 MCS Courier has a discussion of the implications of a number of amendments to the standard Management Rules which took effect on 1st August 2015.

Sectional Titles

Sectional title changes

Draft regulations for the Community Schemes Ombud Service Act (CSOSA) and the Sectional Titles Schemes Management Act (STSMA) have been published for comment.

Sectional Titles

Paddocks Press - October 2015

This month's newsletter includes: Use restrictions in sectional title schemes; trustees - from nomination to termination; and the subdivision and consolidation of sections.

Sectional Titles

Paddocks Press - November 2015

This month's newsletter includes: Developer's substitution of the prescribed rules; allowing owners to maintain common property; and have you submitted your PAIA Manual?

Sectional Titles

Increase in floor area

Allen West explains how to calculate the increase in floor area of a section for the purposes of applying section 24(6)(d) of the Sectional Titles Act 95 of 1986.

Sectional Titles

Read the Rules

Jack Crook comments on a recent case which underscores the need for buyers to read and understand all the rules and regulations of an HOA before buying.

Sectional Titles

Body Corporate vs nightmare neighbour

In sufficiently serious cases our courts will protect  residential complex owners from the disliked, irrational, aggressive and disruptive “Nightmare Next Door” owner.

2014
Sectional Titles

Withholding levy clearance

Can a levy clearance certificate be withheld when unauthorised alterations to a unit about to be transferred affects common property, asks Tertius Maree in the MCS Courier?

Sectional Titles

Paddocks Press – January 2014

The January newsletter includes: levy discounts; changing all the trustees between AGMs; VAT Relative to HOAs and Bodies Corporate; and trustees withdrawing consent.

Sectional Titles

Paddocks Press - February 2014

The February newsletter includes: application of the Debt Collectors Act to managing agency; invalid trustee consent; and what you need to know about reserve funds. 

Sectional Titles

Reserve Funds

When the Sectional Titles Schemes Management Act comes into force, Reserve Funds for bodies corporate will be mandatory. Jennifer Paddock explains the implications.

Sectional Titles

Paddocks Press – March 2014

The March newsletter includes: IT and sectional title scheme management; the Rental Housing Act and House Rules and can sectional title trustees be paid?

Sectional Titles

MCS Courier - April 2014

In MCS Courier Tertius Maree discusses the ins and outs of alterations by owners of sections; fining levy defaulters and counting requirements for quorums and votes.

Sectional Titles

How much do votes count?

Chantelle Gladwin and Gabriel da Matta discuss the three different ways in which resolutions can be passed at sectional title scheme meetings and their implications.

Sectional Titles

Paddocks Press - April 2014

The April newsletter includes: Estate agents need to understand Sectional Titles; Tips for Sectional Title insurance; and Exclusive Use Area: extension vs improvement.

Sectional Titles

Shared expenses

Chantelle Gladwin and Gabriel da Matta explore the different ways in which the common costs of running a sectional title scheme can be charged.

Sectional Titles

Paddocks Press - May 2014

The May newsletter includes: how the trustee decision system works; understanding community scheme finances; and the repair of interior damp.

Sectional Titles

Paddocks Press - June 2014

The June Newsletter includes: trustees and rule-making; business strategy; luxurious and non-luxurious improvements to common property; and waterproofing.

Sectional Titles

MCS Courier - July 2014

In MCS Courier Tertius Maree discusses Regulations 7 to 14 of the Retirement Schemes Act; calculating votes for a quorum; and amending levies dispensation rules.

Sectional Titles

Paddocks Press - July 2014

The July Newsletter includes: the reduction of the prescribed interest rate; levies when the year end has changed; and 10 questions before an owner alters common property.

Sectional Titles

Legality of rates on EUAs

Chantelle Gladwin and Gabriel da Matta argue that municipalities should not charge sectional title owners separate rates for sectional title units that are actually EUAs.

Sectional Titles

Extension by EUAs only

Donald Moore needs a definitive answer to the question of whether a plan approved by the SG can be registered under either s 25(1) or s 27(2) when neither is indicated.

Sectional Titles

Paddocks Press - August 2014

The August Newsletter includes: loans to body corporate staff; body corporate functions with regards to insurance; and liabilities for levies when a unit changes hands.

Sectional Titles

Paddocks Press - September 2014

The September Newsletter includes: specializing in sectional titles; investing body corporate funds; the role of chairpersons; swimming pools; and inflation percentage increases.

Sectional Titles

Cancellation of a section

Marie Grové proposes that the correct procedure to be followed to cancel a Section (Unit) in a sectional title scheme, is that contained in Section 48 of the Sectional Titles Act.

Sectional Titles

Paddocks Press - October 2014

The October Newsletter includes: off plan sale concerns; regulating managing agent fees; pre-purchase sectional title reports; and trustees contracting with third parties.

Sectional Titles

A dog's life

Jack Crook highlights the necessity for buyers to fully understand the rules they are agreeing to, while management associations must draft them clearly and enforce them.

Sectional Titles

Section 25 check-list

A check-list for the exercising of an extension of a sectional title scheme in terms of section 25 of the Sectional Titles Act.
 

Sectional Titles

Paddocks Press - November 2014

The November Newsletter includes: Notice periods for general meetings; video update on the CSOS; and, are tenants subject to the Sectional Title Scheme's rules?

Sectional Titles

Section 25 check-list - II

In response to Allen West’s Section 25 check-list article, John Christie highlights some of the many problems conveyancers have with the Sectional Titles Act.

2013
Sectional Titles

Attend the AGM

Anton Kelly asks, and answers the question about what an owner can achieve by attending his/her sectional title's AGM.

Sectional Titles

Section 27A Exclusive Use Areas

Donald Moore contends that failure to disclose that a section 27A EUA is part of the subject matter of the sale, amounts to bad conveyancing and professional misconduct.

Sectional Titles

Equal "per owner" levies

Graham Paddock discusses the practical requirements when a scheme wants to charge levies on an equal "pro rata" basis, either for all expenses or for specified ones.

Sectional Titles

Paddocks Press – January 2013

The January sectional title newsletter deals with HOAs and the new Companies Act, property's unique investment characteristics and individual electricity meters.

Sectional Titles

Paddocks Press – February 2013

The February sectional title newsletter deals with choosing a good managing agent, occupational health and safety, and 30 years of the Sectional Title Survival Manual.

Sectional Titles

MCS Courier - March 2013

In Issue Number 43 of MCS Courier Tertius Maree discusses the validity of invalid rules, improvements to common property, change of use, and Management Rule 31(2). 

Sectional Titles

Choosing a good managing agent

When choosing a managing agent these days one has to find suitable candidates with an established track record of integrity and reliable references.

Sectional Titles

Amended Sectional Titles Act

The amended regulations will become effective from 15 April 2013 and apply to all deeds lodged after such date and/or documents executed subsequent to such date.

Sectional Titles

Maintenance of a section

Anton Kelly discusses the circumstances under which a body corporate could intervene when an owner has failed to maintain his section to the detriment of other sections. 

Sectional Titles

MCS Courier - April 2013

In Issue Number 44 of MCS Courier Tertius Maree takes issue with the latest amendments to some of the standard Management Rules of the Sectional Titles Act.

Sectional Titles

Complex sales and transactions

Graham Paddock writes that sectional title transactions are complex because some degree of permission or cooperation from the community of sectional owners is needed.

Sectional Titles

Partition of sectional title units!

Tania Shawe writes that the Sectional Titles Act needs to be amended to specifically provide for the partition of sections, EUAs and real rights of extension. 

Sectional Titles

Paddocks Press – April 2013

The April sectional title newsletter deals with share block and sectional title conversions, arrear levies of insolvent owners and are the trustees liable for owners' safety?

Sectional Titles

Preventing fires

Graham Paddock discusses the body corporate's obligation to ensure that a scheme has adequate fire insurance and has taken action to prevent fires.

Sectional Titles

Sectional Titles Amendment Bill 2013

The Minister of Rural Development and Land Reform gave notice on the 15th of May that he intends to introduce a Sectional Titles Amendment Bill this year. 

Sectional Titles

Paddocks Press – May 2013

The May sectional title newsletter deals with the complexity of sectional title property dealings, insurance, noisy neighbours, storm water damage and levies paid in advance.

Sectional Titles

Battered Rule 31

A mistake often made is to assume that common expenses, particularly those perceived to benefit owners equally, such as security arrangements, should be paid equally.

Sectional Titles

Creation of EUAs

Marie Grovè explores a number of the different ways in which exclusive use areas are created, and the documents which need to be lodged by conveyancers. 

Sectional Titles

Paddocks Press – June 2013

The June sectional title newsletter deals with steps to becoming a managing agent; a closer look at the relationships of the tenant-landlord-body corporate triangle; and fines.

Sectional Titles

Section 15B(3) Certificate contents

Allen West covers the different variations and possible loopholes of Section 15B(3) Certificates of which cognizance must be taken to ensure they are correct.

Sectional Titles

Paddocks Press – July 2013

The July newsletter deals with communication between managing agents, trustees and owners; Profs Qs and As; and tampering with the minutes of meetings.

Sectional Titles

Calculation of deviation

An explanation by way of example of the calculation of the deviation of the participation quota as contemplated by section 24(d)(i) of the Sectional Titles Act.

Sectional Titles

Owner going under

Jack Crook writes that until the Supreme Court of Appeal rules definitively, HOAs should consider themselves at risk when an owner’s estate is liquidated/sequestrated.

Sectional Titles

Consent levels

Jennifer Paddock provides us with a cheat sheet of the consent levels necessary for body corporate decisions. 

Sectional Titles

Paddocks Press - August 2013

The August newsletter deals with the need for good trustees and managing agents, installing pre-paid meters, and does a body corporate have a vote for a unit it owns? 

Sectional Titles

Paddocks Press – September 2013

The September newsletter deals with who actually decides on the levy increase, a video about preparing for an AGM, and holding an HOA AGM over Skype or similar means.

Sectional Titles

Reservation of rights

Must the lapsing of section 25 rights to extension under the Sectional Titles Act be noted prior to the body corporate obtaining a certificate of real right asks Marie Grovè?

Sectional Titles

Paddocks Press – October 2013

The October newsletter includes: who decides, pays, and for what regarding special levies; Mystrata and Paddocks enter into a partnership; and trustee decisions via email.

Sectional Titles

Addition of land to common property

Marie Grovè discusses the extension of a scheme by the addition of land to the common property, as provided for in section 26 of the Sectional Titles Act, 95 of 1986.

Sectional Titles

Failure to cede EUAs

Louis Kruger and Gabriel da Matta discuss the consequences of the failure to simultaneously cede EUAs upon the transfer of a section in a sectional title scheme.

Sectional Titles

Paddocks Press - December 2013

The December newsletter includes: The distinction between the maintenance and improvement of common property; slip and fall injuries; and taming disruptive meetings.

2012
Sectional Titles

Extension of a section

How is it possible to extend a section without increasing the floor area asks M A Grové?

Sectional Titles

Paddocks Press – Jan 2012

The January digital newsletter for the sectional title community deals with quorums, swimming pool insurance and establishing a HOA.

Sectional Titles

How many proxies?

Confusion exists as to whether a person can hold more than two proxies or not.  The simple answer is yes.

Sectional Titles

More than one piece

Allen West discusses the opening of a sectional title scheme on more than one piece of land and the relief afforded by s 4(2) of the Sectional Titles Act.

Sectional Titles

MCS Courier Feb 2012

Issue Number 39 of MCS Courier contains many interesting articles about sectional title such as the value of good governance and a checklist for levy determination.

Sectional Titles

Incorporating old buildings

Anton Kelly discusses the potential problems and solutions to the incorporaton of old buildings into new residential sectional title schemes.

Sectional Titles

Praedial servitudes

Allen West contends that the registration of praedial servitudes over sectional title units is untenable from a management perspective and should not be allowed.

Sectional Titles

Developer's powers

Allen West submits that developers cannot subdivide, consolidate or extend any section, or add to the common property, before the establishment of the body corporate.

Sectional Titles

Developer's interest

Allen West discusses the transfer of a developer's interest in the land and buildings comprised in a scheme in terms of section 34(3) of the Sectional Titles Act.

Sectional Titles

Time for HOA meetings

Anton Kelly delves into how much notice to members is required for meetings such as an AGM in a non-profit HOA company.

Sectional Titles

Developer's powers - II

Dudley Lee responds to Allen  West by carefully analysing a developer’s powers (see Developer's powers) prior to the establishment of the body corporate.

Sectional Titles

HOA fiduciary duties

The common law and statutory fiduciary duties of Home Owners' Association executives, the "fiduciary relationship" is discussed in this article by Paddocks. 

Sectional Titles

MCS Courier April 2012

Issue Number 40 of MCS Courier has sectional title articles about the new Companies Act and HOAs, levy recovery and the determination of special levies.

Sectional Titles

Cession of a real right

A discussion of the developer's reservation of a right in terms of section 25(1) or 25(6A) of the Sectional Titles Act and its cession, by notarial deed in terms of section 25(4)(b). 

Sectional Titles

Paddocks Press – April 2012

The April digital newsletter for the sectional title community deals with the importance of attending meetings and the taxation of community schemes by SARS.

Sectional Titles

Attend those meetings

Nothing can get done in sectional title schemes if enough owners necessary to form a quorum don't bother to attend meetings. 

Sectional Titles

How are the boundaries?

Allen West submits that the notion that boundaries of a real right of extension, when exercised must remain within the "foot print" of such right is totally wrong.

Sectional Titles

Building on common property

Anton Kelly looks at what needs to be done if a group of owners wish to build on a common property in a sectional title complex.

Sectional Titles

Paddocks Press – May 2012

The May digital newsletter for the sectional title community deals with building on common property, the Sectional Title Schemes Management Act and paying for rivets.

Sectional Titles

Pinewood Park

Russell Warner discusses Body Corporate of the Pinewood Park in which it was decided that management and conduct rules are consensual or contractual in nature.

Sectional Titles

Paddocks Press – June 2012

The June sectional title newsletter deals with trustees removing unauthorised common property additions and remedies for a breach of fiduciary duties by HOA executives.

Sectional Titles

Cancellation of an EUA

Allen West discusses the cancellation of exclusive use areas in terms of the Sectional Titles Act and the attendant requirements such as special resolutions.

Sectional Titles

MCS Courier - July 2012

Issue Number 41 of MCS Courier has sectional title articles about percentile levy adjustments, learning to count, and rules are rules - or are they?

Sectional Titles

Dissolution of a body corporate

If the dissolution of the body corporate per se results in the dissolution of a sectional title scheme it presents some uncertainty to practitioners and examiners.   

Sectional Titles

Paddocks Press – July 2012

The July sectional title newsletter deals with the qualifications necessary to be an executive of a HOA, how insurance defines retaining walls, and protecting minority owners.

Sectional Titles

Dysfunctional bodies corporate

Bodies corporate have to exist and dysfunctional ones can present problems and stumbling blocks for conveyancers when preparing Section 15B(3) certificates.   

Sectional Titles

Making fines stick

Imposing fines on rule breaking members or residents of sectional titles schemes and home owner' associations is one thing, getting them to pay - therein lies the rub.

Sectional Titles

Paddocks Press – August 2012

The August sectional title newsletter deals with the CPA and Managing Agents, disputes with neighbours and payments to the neighbourhood watch.

Sectional Titles

Paddocks Press – September 2012

The September sectional title newsletter deals with PMB Rule 31 and special levies, taxation of exit levies in retirement schemes and approving a solar geyser.  

Sectional Titles

Destruction or damage

Marie Grovè wants clarification regarding the destruction or damage to buildings as dealt with in terms of section 48(3(a) of the Sectional Titles Act. 

Sectional Titles

Paddocks Press – October 2012

The October sectional title newsletter deals with controlling access to one's section, an outline of proposed amendments to the Sectional Titles Act, and plumbing certificates.

Sectional Titles

MCS Courier - December 2012

In Issue Number 42 of MCS Courier Tertius Maree covers the Peaks decision, capping interest rates for arrears, and may trustees conclude resolutions by e-mail?

2011
Sectional Titles

Decision making in HOAs

Anton Kelly considers how decisions are to be made when members of a homeowners association get together.
 

Sectional Titles

Query about RCR 46/2010

A query about RCR 46 of 2010 regarding the issuing of Home Owner Association consents in forced sales and charging therefor.

Sectional Titles

Body corporate documents

Jennifer Paddock discusses who may sign what documents on behalf of a body corporate and why.

Sectional Titles

RCR 46/2010 - response

A response from Kevin Mahon in which he raises a few more issues regarding the full impact of RCR 46 of 2010.

Sectional Titles

An owner cannot

An owner is not entitled to withhold levies to set-off a debt she believes is owed to her by the body corporate but to use arbitration or litigation, writes Jennifer Paddock.

Sectional Titles

Fractional ownership revisited

Corrie de Jager revisits the importance of complying with legislation governing fractional ownership in the light of current rumours about possible mismanagement of funds.

Sectional Titles

Sectional title encroachments

Marie Grové and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.

Sectional Titles

A mechanism

Allen West discusses the mechanism to extend the period in which a right of extension must be exercised and which supporting documents must be lodged with the Registrar of Deeds.

Sectional Titles

So when

Despite section 36 being unambiguous, in practice a fair amount of uncertainty prevails as to the date of establishment of a body corporate by its members. So when is it established, asks Allen West?

Sectional Titles

Duplicated names

An oversight allows for the duplication of names allocated to sectional title schemes, this needs to be addressed as it has given rise to numerous objectionable instances.

Sectional Titles

A fair share

Anton Kelly looks at an unusual and interesting situation where there are schemes within schemes and how to go about changing the share of the levy contribution.

Sectional Titles

Paddocks Press – June 2011

The June free digital newsletter with its usual high quality content for the sectional title community was published last month.

Sectional Titles

From CIPRO to CIPC

Graham Paddock looks at the functions of the Office of Companies and Intellectual Property Enforcement (OCIPE) - the "Companies Commission" - with relation to Home Owners Association companies.

Sectional Titles

Risk of mortgaging

Allen West submits that registrars must enforce, by disallowing bond registration, the mortgaging of exclusive use areas when their section is mortgaged. 

Sectional Titles

Termination

Anton Kelly looks at the termination of a managing agent’s contract when owners are unhappy with the quality of the service provided.

Sectional Titles

Difficult people

Jennifer Paddock writes that having short, clear and appropriate rules are best when dealing with difficult people in a sectional title complex.

Sectional Titles

Breaking rules

Jennifer Paddock discusses the finer points of the implications of breaking rules in a sectional title complex.

Sectional Titles

Paddocks Press – August 2011

The August digital newsletter with its usual high quality content for the sectional title community deals with units in continual disrepair and ritual slaughter.

Sectional Titles

Destruction of a scheme

Holders and bondholders of real rights of extension must be aware of the implications for them when owners agree to the destruction of a building comprising a sectional title scheme.

Sectional Titles

Resolving disputes

Graham Paddock writes about the various ways of resolving sectional title disputes with an emphasis on arbitration measures. 

Sectional Titles

Carport

Anton Kelly looks at how an owner of a sectional title unit goes about erecting a carport over a parking bay.

Sectional Titles

Eviction of a tenant

Godfrey Shev asks, "what, if anything, can the Trustees of a Body Corporate do to enforce the termination of a lease between an owner and his tenant thereby evicting him?"

Sectional Titles

Paddocks Press – Nov 2011

The November digital newsletter for the sectional title community deals with disclosing member contact details, material damage and property liability. 

2010
Sectional Titles

Names

Gerard du Toit and Carl van Rooyen consider the brand name value of developments and how it should be protected.

Sectional Titles

Paddocks Press – December 09

The December free digital newsletter for the sectional title community has been published.

Sectional Titles

Paddocks Press – January 2010

The January free digital newsletter for the sectional title community has been published.

Sectional Titles

Similarities and differences

Graham Paddock looks at the similarities and differences between sectional title schemes and home owners' associations.

Sectional Titles

Reserving the right

Alexandré Lombaard looks at reserving the right to extend in terms of s 25(6A), RCR 45/2007 and the position of "developers" of portions of the real right.
 

Sectional Titles

Courier – April 2010

Issue Number 36 of MCS Courier contains many articles of interest to the sectional title industry.
 

Sectional Titles

A history

A look at the beginnings of the UCT Sectional Title Scheme Management course since the first one in 2005 and its association with Paddocks.

Sectional Titles

Paddocks Press – April 2010

The April free digital newsletter with its usual high quality content for the sectional title community was published recently.

Sectional Titles

Paddocks Press – May 2010

The May free digital newsletter with its usual high quality content for the sectional title community was published recently.

Sectional Titles

Encroachments

Marie Grove and Alexandré Lombaard discuss the irksome complexities of buildings encroaching onto adjacent land vis-à-vis sectional title buildings.

Sectional Titles

Amendment Bill 14 of 2010

The Sectional Tiles Amendment Bill, No. 14 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act.

Sectional Titles

Confusion

Nkuba Ngoashend gives an example of confusion caused by a fully exercised right of extension with open bond endorsements.

Sectional Titles

Paddocks Press – June 2010

The June free digital newsletter with its usual high quality content for the sectional title community was published recently.

Sectional Titles

Capital of nature or capital punishment

Clint Riddin unpacks with examples the debate of the treatment of capital expenditure in the books of a body corporate.

Sectional Titles

Confusion – a response

Thabo Nqhome responds and has some suggestions to obviate the cost and negative impact referred to in last week's article Confusion.

Sectional Titles

Key differences

Home owners' associations are not the same as sectional title schemes, and the differences are important. Rob Paddock dispels some recent confusion.

Sectional Titles

Total recall

Roelie Rossouw argues that Conference Resolution No. 2/2009 should be recalled as it will lead to time delays, increased legal costs and slow the building of affordable housing.

Sectional Titles

Total recall – a response 1

Thabo Nqhome argues that Registrars' Conference Resolution No. 2 of 2009 correctly interpreted Zondi J's judgment in the Dolphin Whisper decision.

Sectional Titles

Total recall – a response 2

However John Christie agrees with Roelie Rossouw's conclusions and draws our attention to a number of relevant practical aspects.

Sectional Titles

Total recall – a response 3

Thabo Nqhome argues that there is no requirement anywhere in the Sectional Titles Act for a sectional plan to be submitted to the SG once buildings have been erected.

Sectional Titles

Total recall – a response 4

Allen West draws our attention to further case law and more authority in substantiating the reasoning behind the drafting of RCR 2 of 2009, and sounds a warning.

Sectional Titles

Authenticity of certificates

Conveyancers certificates issued in terms of Section 15B(3) of the Sectional Titles Act don't always depict the correct state of affairs - Allen West discusses all the variations and possible loop holes.

Sectional Titles

Paddocks Press – September 2010

The September free digital newsletter with its usual high quality content for the sectional title community was published earlier this month.
 

Sectional Titles

Total recall a response - 5

Johann Strauss asks some pertinent questions about the intention of the legislator where value is added to units and the owners support the changes to be made.

Sectional Titles

PCL

Roelie Rossouw draws our attention to a recent case in the Free State High Court regarding the extension of sectional title schemes in relation to RCR 2/2009.

Sectional Titles

Courier – October 2010

Issue Number 37 of MCS Courier contains many articles of interest to the sectional title industry.
 

Sectional Titles

Enclosing balconies

Jennifer Paddock looks at the factors which need to be considered when an owner wants to enclose his balcony.

Sectional Titles

Mixed use

Anton Kelly gives an overview of the nature of mixed use, multi-layered developments incorporated as property owners' associations under s 21 of the Companies Act.

Sectional Titles

PCL – a response

Thabo Nqhome argues that any interpretation in which a deviation from s 25(2) of the Sectional Titles Act is permissible under s 25(13) is fraught with serious problems and indefensible.

Sectional Titles

Conversion

Allen West discusses the different documentation required when converting a share block scheme into a sectional title ownership scheme.

Sectional Titles

Rental diversions

Prof Graham Paddock answers the question about introducing to South Africa sectional title schemes the provision of rental diversions where landlords are in arrears with levies.

Sectional Titles

Courier – December 2010

Issue Number 38 of MCS Courier focuses on the doings of managing agents, the challenges, problems and, hopefully, some solutions; and hijacking an AGM.
 

2009
Sectional Titles

Paddocks Press – December 08

The December ad hoc free digital newsletter for the sectional title community came out towards the end of last year.

Sectional Titles

Extension

Brian Agar offers an alternative interpretation to the application of s 24(6)(d) of the Sectional Titles Act - extension of schemes.

Sectional Titles

Paddocks Press – January 09

The January ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Paddocks Press – February 09

The February ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Short course

A 3 day new short course on sectonal title property development is to be presented in Johannesburg.

Sectional Titles

L.E.A.D sectional title workshop

Mr Michael Gregory will be presenting an intensive sectional title workshop under the auspices of L.E.A.D.

Sectional Titles

Paddocks Press – March 09

The March ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Paddocks Press – April 09

The April ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Old hat

Are share blocks old hat or a resurgent fashion asks Tertius Maree?

Sectional Titles

What is fractional ownership?

Allen West explains what it is, what it involves, the various agreements, rights, expenses and tax implications.

Sectional Titles

Fractional Concerns

Corrie de Jager notes with concern the current tendency to promote, so called "fractional ownership" sales as something other than time share or share block sales.

Sectional Titles

Special levies

Jennifer Paddock explains the law applicable to special levies so that you can be armed next time one is raised by the trustees in a scheme.

Sectional Titles

Fractional ownership - 2

Roelie Rossouw agrees with Allen West and has a number of pertinent points to add about fractional ownership schemes.

Sectional Titles

Paddocks Press –May 09

The May ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Disqualifications

Jennifer Paddock discusses the circumstances under which owners and trustees may be disqualified from voting in sectional title meetings.

Sectional Titles

Paddocks Press –June 09

The July ad hoc free digital newsletter for the sectional title community has been issued.

Sectional Titles

Implementing decisions

Prof Graham Paddock and Anton Kelly look at implementing decisions to alienate a part of the common property.

Sectional Titles

Implementing decisions II

Thabo Nqhome has an alternative to the suggestion made by Graham Paddock and Anton Kelly about resolutions taken in terms of section 25.

Sectional Titles

Paddocks Press –July 09

The July ad hoc free digital newsletter for the sectional title community has been published, with an interesting take on Section 15B(3) of Act 95 of 1986

Sectional Titles

General levies

Jennifer Paddock outlines the process of raising general levies in sectional title schemes.

Sectional Titles

Courier – September 09

After some time MCS Courier is back on track with many articles of interest to the sectional title industry.

Sectional Titles

Paddocks Press – August 09

The August free digital newsletter for the sectional title community has been issued and is full of useful articles.

Sectional Titles

Paddocks Press – September 09

The September free digital newsletter for the sectional title community has been published.

Sectional Titles

Levy collection

Jennifer Paddock outlines steps to be taken by trustees and managing agents against levy defaulters.

Sectional Titles

Pets

Jennifer Paddock considers what aggrieved owners or occupiers can do if trustees unreasonably prevent them from keeping pets.

2008
Sectional Titles

Consolidation check-list

Allen West provides a check-list for the consolidation of units.

Sectional Titles

Paddocks Press – January 08

The January ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Section 4(2)

An interpretation by George Tsotetsi of section 4(2) of the Sectional Titles Act 95 of 1986.

Sectional Titles

Paddocks Press – February 08

The February ad hoc free digital newsletter for the sectional title community is devoted entirely to generators.

Sectional Titles

Paddocks Press – March 08

The January ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Paddocks Press – April 08

The April ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Management failures

Graham Paddock considers sectional title management failures in the light of the liquidation of Sectional Title Administrators CC.

Sectional Titles

MCS Courier – May 08

Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.

Sectional Titles

Why knowledge is power

Judith van der Walt highlights the importance of having a knowledgeable managing agent of sectional title buildings.

Sectional Titles

Paddocks Press – June 08

The June ad hoc free digital newsletter for the sectional title community has just been published.

Sectional Titles

MCS Courier – July 08

Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.

Sectional Titles

Couching of waiver

Marie Grové looks at matters concerning the couching of a waiver of preference in a sectional bond.

Sectional Titles

Upping the game

The introduction of the FET Certificate in Real Estate means estate agents need to up their game writes Jennifer Paddock.

Sectional Titles

Paddocks Press - July 08

The July ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Paddocks Press - May 08

The May ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Developer Course

UCT in conjunction with Paddocks Learning is to offer a Sectional Title Developer Course in October.

Sectional Titles

Paddocks Press – August 08

The August ad hoc free digital newsletter for the sectional title community has just been published.

Sectional Titles

Paddocks Press - September 08

The September ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Section 24(6)(d)

Allen West gives clarity to Section 24(6)(d) of the Sectional Titles Act 95 of 1986.

Sectional Titles

Paddocks Press – October 08

The October ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Paddocks Press – November 08

The November ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

3D

Monica Korf looks at an interesting case involving the property description of a yet to be built unit.

Sectional Titles

VAT and fractional ownership

A discussion in the November Integritax Newsletter of SARS guidelines for fractional ownership structures.

2007
Sectional Titles

Check list

A check list to help with lodging or examining the opening of a sectional title register.

Sectional Titles

Empowering the community

Sectional Titles Online (STO), a web site dedicated to providing everyone involved in sectional titles with free information, was launched recently.

Sectional Titles

Payment provisions

The problem of payment provisions for disputed sectional title debts when wishing to sell is examined by Roland Darrol.

Sectional Titles

Notes on fractional ownership

C J de Jager corrects misconceptions about the legal nature of fractional ownership.

Sectional Titles

Pre incorporation agreements

Tertius Maree asks, "Are bodies corporate bound by pre-incorporation agreements entered into by developers?"

Sectional Titles

UCT course

Paddocks learning is to run a ten week Internet based sectional title course for estate agents.

Sectional Titles

NAMA portal

The National Association of Managing Agents (NAMA) unveiled its new Internet web portal on 15 March 2007.

Sectional Titles

Tsunami

Sectional title owners must stand together to protect their rights in Cape Town, writes Graham Paddock.

Sectional Titles

Liability of a usufructuary

Joseph Maluleke looks at the liability of a usufructuary for payment of arrear levies in a sectional title scheme.
 

Sectional Titles

Picking itself up

The latest UCT Sectional Title Scheme Management Course, presented via distance learning and lasting six months, begins on 4 June 2007.

Sectional Titles

Paddocks Press

An ad-hoc free digital newsletter for the sectional title community.

Sectional Titles

Sectional mortgage bond requirements

George Tsotetsi examines the requirements with which a sectional mortgage bond must comply in order to be registerable.

Sectional Titles

Paddocks Press – June 07

The June ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Specialist estate agents

The second Sectional Title Specialist Realtor certificate course from UCT and Paddocks Learning is to begin in August.

Sectional Titles

Cuje-Jakoby

Concerning the written consent of owners for changing the intended use of a sectional title unit.

Sectional Titles

Zim flats

The desperate state of affairs of a 10-storey Durban block of flats was likened by a Durban High Court judge on Wednesday to the situation in Zimbabwe.

Sectional Titles

Paddocks Press – August 07

The August ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Paddocks Press – October 07

The August ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Subdivision check-list

Allen West provides a check-list for the subdivision of a section.

Sectional Titles

RCR 39/2003

Warren Hamer considers problems with lapsed real rights to extend in terms of Section 25.

Sectional Titles

Paddocks Press – November 07

The November ad hoc free digital newsletter for the sectional title community has just been issued.

Sectional Titles

Paddocks Press – December 07

The November ad hoc free digital newsletter for the sectional title community has just been issued.

2006
Sectional Titles

Clampdown

A new protection mechanism has recently come into effect that has far-reaching consequences for sectional title owners.

Sectional Titles

Management rules

Patrick Maybin discusses the amendments to management rules as per Government Notice No R1109 of 18 November 2005.

Sectional Titles

Clampdown II

Russell Warner corrects some misconceptions about the Sectional Titles Amendment Act No 7 of 2005.

Sectional Titles

Home owners associations

Allen West considers when consent from home owners' associations must be lodged.
 

Sectional Titles

Subdivision of common property - IV

Alexandré Lombaard ends her discussion on the subdivision of common property in a sectional title scheme.
 

Sectional Titles

Trust trustees

Do you trust your trustees?

Sectional Titles

Another level

Sectional titles learning has reached another level with a six-month online certificate course.

Sectional Titles

2006 Sectional Titles Amendment Bill

The memorandum on the objects of the bill has been reproduced here for easy reference.

Sectional Titles

Real rights concerns

Corrie de Jager has some real concerns about real rights in this illuminating article.

Sectional Titles

Response to article

George Tsotetsi, Office of the Chief Registrar of Deeds, responds to an article by Mr O J Christie in the August 2005 De Rebus.

Sectional Titles

Fines on levies

Fines on overdue sectional title levies are legal according to a recent magistrates' court case in Bloemfontein.

Sectional Titles

Home owners associations – a reply

Thabo Nqhome comments on uncertainty surrounding the lodgement of consent from Home Owners Associations.

Sectional Titles

Encroachment of s25 rights

Warren Hamer looks at developers who encroach upon the rights of holders of real rights in terms of Section 25 rights of extension and on the common property.

Sectional Titles

MCS Courier – June 2006

The latest issue dealing with sectional title issues by Tertius Maree.

Sectional Titles

Phased mortgages

Phased sectional title developments can cause registration difficulties especially when one tries to register a single mortgage bond over a unit and an exclusive use area created in different phases.

Sectional Titles

Fill the gap

Don't be caught with an insurance gap for your sectional title development.

Sectional Titles

Rates anomalies

Who is responsible for a council's revalued rates once a sectional title development has been transferred to the new unit owners?

Sectional Titles

3rd Generation

Proposals for a planned Community Scheme Ombud Service law were debated at a two-day conference in Stellenbosch recently.

Sectional Titles

Plugging the gap

A UCT Sectional Title Scheme Management Course "Plugging the knowledge gap in Sectional Title Scheme Management" is starting in December.

Sectional Titles

EUAs depicted on sectional plans

Discussion by Allen West about the need to amplify the definition of an exclusive use area.

2005
Sectional Titles

Lapsing on completion of a right of extension

O Wade of the Pietermaritzburg Deeds Registry looks into this in the October 2004 SA Deeds Journal.

Sectional Titles

Sectional title ombudsman

Consultants have been appointed to develop new sectional title legislation for the administration and management of sectional titles.

Sectional Titles

Landlords need protection

Scores of buildings in Johannesburg have been abandoned by their owners who have been unable to collect rent and yet owe millions for municipal services.

Sectional Titles

Managing agents

Sectional title bodies corporate and their trustees should ensure that they have clear, written contracts with their managing agents.
 

Sectional Titles

Pros and cons

More than 700 000 South Africans live in sectional title complexes and they need to know what this entails.

Sectional Titles

Sectional Titles Amendment Bill

Proposed changes to Sectional Titles legislation could open the doors to possible abuse of exclusive use areas.

Sectional Titles

Sectional Titles Amendment

Russell Warner writes about the Sectional Titles Amendment Act of 2005.

Sectional Titles

Some comments

Lizelle Kilbourn pens some comments on the proposed amendments to the Sectional Titles Act, as contained in Bill 10B of 2005.

Sectional Titles

A suggestion

John Christie has suggestions for a better procedure for dealing with exclusive use areas in terms of s 27 of the Sectional Titles Act.

Sectional Titles

Owners at risk

Last minute changes to the Sectional Titles Amendment Bill could rob sectional title owners of a major victory in the fight against levy defaulters.

Sectional Titles

Section 13

George Tsotetsi writes in the SA Deeds Journal on Section 13 of the Sectional Titles Act, 95 of 1986 and the examination of deeds.

Sectional Titles

Subdivision of common property - Double

Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.
 

Sectional Titles

Subdivision of common property - I

Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.
 

Sectional Titles

Subdivision of common property - II

Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.
 

Sectional Titles

Title bout

A dispute over a tree, among other things, goes all the way to the supreme court of appeal.

Sectional Titles

Owners' associations

Tertius Maree wants a uniform code for developers when it comes to administrative structures for complex owners' associations.

Sectional Titles

Section 15B(3)

George Tsotetsi tries to clear up misconceptions about the application of Section 15B(3) of the Sectional Titles Act.

Sectional Titles

Administrative structures

Tertius Maree applies existing legislation to model acceptable administrative structures for complex owners' associations.

Sectional Titles

Accredited agents

Is the person managing your sectional title property an accredited professional?

Sectional Titles

Amendment commentary

Tertius Maree on amendments which affect standard management rules (MRs).

Sectional Titles

Subdivision of common property - III

Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.
 

Sectional Titles

Conflict and crime

The police commercial crime unit is, for the first time, investigating charging trustees with fraud and other irregularities.

2004
Sectional Titles

Section 118 Application

On the 3rd of March the Constitutional Court is to hear submissions by the Kwazulu-Natal Law Society regarding the provisions of s118 of the Municipal Systems Act.

Sectional Titles

Geovy Villa judgment

The "Geovy Villa" judgment, regarded as a breakthrough for sectional title bodies corporate struggling to recover levy arrears, has been overturned by the Appeal Court.

Sectional Titles

S 118(1) has its day in ConCourt

Yesterday (10 March) saw the opening rounds in the Constitutional Court regarding the fairness of holding landlords jointly responsible for municipal services debts incurred by the tenants of their properties.

Sectional Titles

Trustees and the acquisition of property

M S Mekwe investigates the Acquisition of property by trustees prior to their appointment as such by the master of the high court in the January Deeds Registration Law Newsletter.

Sectional Titles

Sectional title ombudsman?

In an attempt to solve sectional title disputes the land affairs department is to investigate the feasibility of introducing a sectional titles ombudsman.

Sectional Titles

Excessive levy clearance fees?

Is an R800 fee charged by a body corporate for a levy clearance certificate excessive?

Sectional Titles

Sectional title confusion

The November amendment to section 37(2) of the Sectional Titles Act has sparked controversy in the property industry.

Sectional Titles

Clearance certificates ...

I have had feedback from Sapoa regarding the Sectional title confusion article. A report from their consultant which will shortly be considered by their specialist committee, expressed the following views.

Sectional Titles

Split rights

Transfers of portions of a right to extend by the developer in terms of Section 25(4)(b) of the Sectional Titles Act 95 of 1986 by O V Wade.

Sectional Titles

Pro-rata rates collection

Bloemfontein has already implemented the separate collection of rates and taxes from sectional title units in terms of the new property rates legislation.

Sectional Titles

Section 37(2)

Section 37(2) of the Sectional Titles Amendment Act continues to "cause consternation amongst key players in the industry".

Sectional Titles

Regulation 68(1) copies

Maureen de Bruyn on the issue of sectional titles copies in terms of regulation 68(1) - from the SA Deeds Journal.

Sectional Titles

Manage defaulters

Levies are the lifeblood of sectional title schemes. Think of them as being as important as bond repayments.

Sectional Titles

Sectional title insurance

Sectional title trustees and managing agents have a responsibility to ensure that the insurance premiums for their schemes are paid.

Sectional Titles

Share block schemes converted - 1

The conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.

Sectional Titles

Share block schemes converted - 2

Part two of the conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.

Sectional Titles

Sectional mortgage bonds

Does a sectional mortgage bond have to be lodged for endorsement in respect of the release of a portion of the common property being transferred asks the SA Deeds Journal?

Sectional Titles

Cession of exclusive use areas

In Cession of exclusive use areas, in the October 2004 SA Deeds Journal, Allen West dispels the uncertainty caused by section 27(4)(a) of the Sectional Titles Act 95 of 1986.

Sectional Titles

When clusters lose lustre

The purchase of property in a cluster development could raise many potential problems.

2003
Sectional Titles

Failure to pay levies

This article discusses what happens when members of a sectional title scheme fail to pay their levies. The authors suggest that the solution to this sad tale lies in the hands of the banks.

Sectional Titles

What is an exclusive use area?

The author examines the confusion about the nature and status of certain exclusive use areas, the terminology used and how they are dealt with in the sectional title environment.

Sectional Titles

Levy clearance certificate guidelines

A useful link to guidelines issued by the Cape Law Society. This was occasioned by complaints lodged by managing agents who administer sectional title schemes on behalf of bodies corporate, against conveyancers who attend to the transfer of sectional title units.

Sectional Titles

Sectional title and damp

Dealing with damp in sectional title on Property24 provides a useful introduction to the potential problems which can arise in sectional title schemes when damage is caused by water leaks.

Sectional Titles

Sectional title and hot water

Keeping a cool head over hot water on Property24 discusses the single exception to the general rule that a section owner is responsible for anything situated within the section and the body corporate is responsible for anything situated on the common property.

Sectional Titles

Extensions to sections

Rolf Gerke, writing in the July 2003 edition of De Rebus, explains his interpretation of the application of s 24(6)(d) of the Sectional Titles Act 95 of 1986 in the light of Registrar's Conference Resolution 31 of 2002.

Sectional Titles

Alienation of common property

The article Alienation of common property revisited by Tertius Maree in the October 2001 De Rebus, summarises and discusses the necessary steps for the subdivision, transfer and registration of a part of the common property on which some sections are situated.

Sectional Titles

Proposed Sectional Titles Amendment Bill

In terms of Government Notice 1993 of 2003, The Sectional Titles Amendment Bill, 2003, is to be introduced into Parliament.

Sectional Titles

Sectional title extensions

In a letter in the September issue of De Rebus, KG Mustard presents a contrary view to Rolf Gerke's July De Rebus article Extensions to sections. The position of the bondholder is also looked at.

Sectional Titles

Real rights option

The cession of real rights to owners so that they take ownership of the land and responsibility for the subsequent building of their unit has a number of advantages for both the developer and the owner.

Sectional Titles

Sectional conduct rules

How to amend ST rules on Property24, underscores the need for the trustees of a scheme to understand that they cannot amend the conduct rules.

Sectional Titles

Enforcement of sectional title rules

In Afdwing van deeltitelskemareëls, in the October 2003 De Rebus, Jack Nel discusses what steps trustees of a sectional title scheme may take to enforce the compliance of rules.

Sectional Titles

Sectional Titles Amendment Bill

The Sectional Titles Amendment Bill (B43-2002), proposes amendments to the Sectional Titles Act 95 of 1986 ("the Act").

Sectional Titles

Renting of common property

The strict requirements governing the rental of common property are looked at in this article on Property24.

Sectional Titles

Common property maintenance

In The Buck Stops At the Body Corporate, on Property24, the responsibility of common property maintenance is canvassed.

Sectional Titles

Occupants from hell

Can a sectional title unit's body corporate successfully apply for an ejectment order against the occupants of a flat in the unit who continually contravene the unit's rules?