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Sectional Title
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Paddocks Press Newsletter
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Paddocks Press is a free monthly digital newsletter published to educate and update the sectional title community. Click here to sign up for the Paddocks Press mailing list now. The articles included in Paddocks Press focus on the legal, financial and administrative aspects of sectional title scheme management. Once a month, the best of these articles are selected to appear in our Paddocks Press publication, which is emailed to over 40,000 readers throughout South Africa.
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Written by Graham
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Friday, 28 August 2009 07:20 |
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Do Registrars Of Deeds And Conveyancers Have A Legal Obligation To Ensure That Purchasers Of Sectional Title Units Do Not Buy Into Historic Scheme Debt? Mike Power points out that the Sectional Titles Act requires that, in addition to a rates clearance certificate for the unit, a rates clearance for the land and buildings in the scheme must be lodged when any separately-rated unit is transferred.
Working as a managing agent at Annette Laing Property Consultants, Mike (C.E.A, M.I.E.A. STSM (UCT)) deals with a number of 'less affluent' schemes with a high incidence of levy arrears and bodies corporate that owe the Municipality hundreds of thousands of rands for municipal services.
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Written by Rob
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Friday, 28 August 2009 07:07 |
 Any item that gets pushed, pulled and slammed as much as windows and doors in a typical South African home is likely to take a beating over time. And even the highest quality items that get beaten on a regular basis are bound to require some maintenance and upkeep from time to time. A useful first step in window and door maintenance is to become more familiar with the common terms used to describe windows and doors and their various parts.
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Written by Jennifer
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Friday, 28 August 2009 07:01 |
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All votes at general meetings in sectional title schemes can be cast either personally or by proxy. In this article we spell out the law in respect of proxies appointed by sectional title owners.
How does an owner appoint a proxy?
Prescribed management rule ("PMR") 67 provides that a proxy (representative) must be appointed in writing and can only be appointed by an owner or his duly appointed agent. Schemes often use standardized ‘proxy forms’ which are sent to owners together with notices of meetings, but owners are not obliged to use these forms. Once an owner has appointed a proxy in writing, the proxy appointment document / form must be handed to the chairman before the meeting commences. But this does not apply to a proxy appointment provision contained in a registered mortgage bond, in which case the bond can be produced as proof of appointment even after the meeting has commenced.
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Written by Graham
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Friday, 28 August 2009 06:54 |
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Portugal's real estate law is governed by a Civil Code. In the Code, provision is made for:
(a) Absolute Ownership ("Direito de Propriedade") which is similar to South African common law dominium or freehold title;
(b) Joint Ownership ("Compropriedade") which is similar our common law co-ownership - except that co-owners have a right of first refusal in respect of other shares in the property; and
(c) Condominium ("Propriedade Horizontal") which is similar to sectional titles.
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Written by Jennifer
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Thursday, 06 August 2009 08:33 |
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The reality is that in schemes where there are no particular financial problems, attendance at general meetings tends to be poor. Prescribed management rule ("PMR") 58 takes this eventuality into account and provides that, "if within half-an-hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time, and if at the adjourned meeting a quorum is not present within half-an-hour of the time appointed for the meeting, the owners present in person or by proxy and entitled to vote shall form a quorum."
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