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Understanding Body Corporate Borrowings and Levy Insurance

Understanding Body Corporate Borrowings and Levy Insurance By Prof. Graham Paddock A sectional title body corporate might sometimes need to borrow funds to fulfil its statutory functions or exercise its powers. This article explores situations where borrowing may be necessary, the legal framework governing borrowings, available types of security, the practical pros and cons, and…

Debunking the “Structural” Misconception in Sectional Title Schemes

Debunking the “Structural” Misconception in Sectional Title Schemes By Jennifer Paddock A common misunderstanding about sectional title schemes is that if a building issue is “structural” in nature, it automatically falls under the body corporate’s responsibility, even if it is located within a section. This is a misconception. Under the Sectional Titles Schemes Management Act…

Paddocks Press – March 2025

The March 2025 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as links to a myriad of helpful resources and information and reminders about upcoming…

Subsidence of Sectional Title Dwellings

Subsidence of Sectional Title Dwellings Part 1: A Case Study and Legal Analysis By Prof. Graham Paddock This article examines the legal implications and responsibilities arising from foundation subsidence and consequent internal damage in sectional title schemes, using a real-life case study. The focus is on the duties of the body corporate and unit owners,…

For-Profit Activity in a Body Corporate

For-Profit Activity in a Body Corporate By Prof. Graham Paddock Sectional title schemes in South Africa are intended to function as non-profit entities, structured to manage and administer common property in the collective interest of all owners. However, in practice, sectional title bodies corporate often face challenges when for-profit motives are introduced—whether through developers, managing…

Section Extension or Exclusive Use Area Improvement?

Section Extension or Exclusive Use Area Improvement?  Understanding the difference and why it is important By Jennifer Paddock In sectional title schemes, distinguishing between a section extension and an improvement to an exclusive use area (EUA) can be challenging. While both involve changes to private property within the scheme, they follow different approval processes and…

Paddocks Press – February 2025

The February 2025 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as links to a myriad of helpful resources and information and reminders about upcoming…

Common Law vs CSOS Remedies: Addressing Damage Caused by Neighbours in Community Schemes

Common Law vs CSOS Remedies: Addressing Damage Caused by Neighbours in Community Schemes The key differences between Common Law remedies and those available under CSOS Act By Prof. Graham Paddock In the context of South African property law, damage caused by a neighbour’s actions or negligence can give rise to a variety of legal remedies.…

Distressed Sectional Title Schemes and Urban Decay

Distressed Sectional Title Schemes and Urban Decay: A Call for Legislative Reform to Protect Housing Stock in South Africa By Prof. Graham Paddock Introduction/Abstract Sectional title schemes, which provide communal ownership in multi-unit buildings, are a cornerstone of urban housing in South Africa. They offer affordability, secure tenure, and shared responsibility for maintenance of the common…

Paddocks Press Exclusive: Insights from the STSM Advisory Council Meeting

Paddocks Press Exclusive: Insights from the STSM Advisory Council Meeting By Jennifer Paddock On 5 February, Graham and I had the privilege of attending a stakeholders meeting with the Sectional Titles Schemes Management (STSM) Advisory Council. This Council plays a crucial role in advising the Minister of Human Settlements on necessary legislative amendments in the…

Paddocks Press – January 2025

The January 2025 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as links to a myriad of helpful resources and information and reminders about upcoming…

Who is responsible if the problem is underneath a EUA?

Who is responsible if the problem is underneath a EUA? A Legal Analysis of Responsibility for Maintenance of a Water Pipe in or under an EUA By Prof. Graham Paddock In sectional title schemes, the question of who is responsible for maintaining and repairing infrastructure such as water pipes often creates confusion, especially when such…

Paddocks Press – December 2024

The December 2024 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as the upcoming courses in January 2025. Don’t miss the next issue. Sign up…