Over many years we have seen a persistent theme of schemes charging levies on an equal “pro rata” basis, either for all expenses or for specified ones. There are other strata title and condominium jurisdictions in which the default for recovery of scheme expenses is that each owner is charged the same amount, so we […]

A Body Corporate, in terms of Section 36 of the Sectional Titles Act 95 of 1986 (“ST Act”), shall be deemed to be established as soon as any person other than the developer of the scheme becomes an owner of a unit in the scheme. The Body Corporate will accordingly comprise of the developer and

An administrator in a sectional title scheme is appointed in accordance with the provisions of Section 46 of the Sectional Titles Act, Act 95 of 1986 (herein after referred to as the Act). The relevant provisions of Section 46 are quoted for ease of reference: “46. Appointment of Administrators (1) A body corporate, a local

Many disputes between owners and Trustees could have been avoided had it not been for the misconception that a Chairperson’s consent is sufficient to authorise any act or activity on the common property – for example to build a braai or to install a louvre deck roof at a Unit. Apart from the fact that

A certain sports club holds its AGM directly after the annual fun competition that just about all the members like to take part in. Why? Because most members are on the premises, everyone’s in a good mood with not much else to do on the Saturday afternoon and, consequently, it’s the best chance of getting

On 14 March 2013 the following amendments were published stated to come into effect on 14 April 2013. • Prescribed Management Rule 7 was amended by adding the following sentence: “Provided that no nomination or appointment as trustee, of a person in breach of rule 64(1) or 64(2), may be accepted” What this means is that

When a sectional title scheme is mismanaged it has widespread repercussions, typically manifesting as cash flow difficulties with levy income not meeting expenses, high levy arrears, outstanding maintenance, municipal service interruptions and rapidly declining property values. Examples of major implications arising from property mismanagement are: • The buildings can become run down and unsightly – even

Buying a sectional title unit requires a specialised estate agency service focus. All too often a generic approach with potentially significant complications, is delivered. Purchasing a sectional title unit entails purchasing an undivided share in the common property as well, together with membership of the body corporate as provided for by the Sectional Titles Act.

The new Companies Act came into force on 1 May 2011. All of the new Act’s provisions to do with directors’ duties, conduct and liability, members’ rights to receive notice or have access to information, directors’ and members’ meetings and the adoption of resolutions automatically applied from that date. Any other provisions of the company’s

The 2013 General Valuation Roll has been released for public inspection and comment since 20 February 2013.  It will remain open for inspection until 3 May 2013.  It is the responsibility of every property owner to check the municipal property valuations ascribed to their respective properties and if the valuation is not in line with market value,