Paddocks Press – August 2021
The August 2021 edition of Paddocks Press is now available.
Vaccination passports for scheme access?
The Covid-19 pandemic, which has now been a feature of our lives for 18 months, continues to generate new controversies. People who by nature are orderly and conscientious – and that includes most managing agents and trustees – are usually prepared to accept restrictions of their freedoms. Their priority is to protect themselves, their families…
As a unit owner, may I claim from the body corporate’s insurance?
Sectional title legislation contains a couple of head-scratchers and the subject matter of this article is a prime example of one. Let’s look into this question in a bit more detail: We know that, as the owner of a section in a sectional title scheme, you are responsible for the repair and maintenance of your…
Q&A – 2021 08
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Can a body corporate insist that vehicles are searched before entering the premises? Member’s question: Good day Paddocks, A sectional title complex that currently struggles with a high…
Florida building collapse – a warning to community schemes
WHEN A TWELVE-STORY TOWER PARTIALLY COLLAPSED in Surfside, Florida, community schemes throughout the world took note. Shoddy building works, poor municipal supervision, insufficient maintenance, serious storms and the board’s refusal to raise special levies to fund repairs did not just result in arguments and legal action—these conditions cost lives. 36 people died and 109 other…
When it comes to luxury – old habits die hard
Originally published on www.theadvisory.co.za Einstein famously said: “the only source of knowledge is experience” and while I have the greatest respect for the historical figure, I have to respectfully disagree with him on this one. My reason for doing so? I have witnessed experience alone to be the achilles heel of too many managing agents…
Q&A – 2021 07
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Does the POPI Act apply to the presentation of the levy roll? Member’s question: Good day Paddocks, Please can you advise with the new POPI Act that came…
South Africa’s leading sectional title academic confirms that “no pets” rules are invalid.
In an article in the third 2021 edition of the prestigious Journal of South African Law (pages 456 to 473), Professor C.G. van der Merwe analysed a recent Australian case which is directly applicable to sectional title management in South Africa. He confirmed that all the same principles apply to sectional title rules, considered applicable…
Why you should think twice before bypassing the CSOS dispute resolution procedures
On 01 June 2021, the High Court (Western Cape Division, Cape Town), delivered a judgment in respect of an urgent application in which relief was sought in relation to the reasonableness of a body corporate’s conduct rule prohibiting short-term letting and the validity of the trustees’ decision to install a biometric access control system. Interestingly,…
Q&A – 2021 06
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! How can trustees collect rental income from a tenant if the owner has overdue levies? Member’s question: Good day Paddocks, We have an owner who is in arrears…
CSOS has a new Chief Ombud: Time for performance feedback
The Community Scheme Ombud Service has been in operation for over six years and it now has a new chief ombud, Mr. Adv. Boyce Mkhize, who took office on 1 April 2021. So we need to look at the CSOS, assess the effect it has had on the community scheme industry as well as the…
Who is responsible to ensure body corporate compliance with relevant legislation?
When engaging with the students on our Paddocks UCT Scheme Manager – Sectional Title short course online forum recently, I noted the telltale signs of widespread panic among those who work as managing agents. The root cause of the distress appeared to be the fast-approaching deadline for schemes to become compliant with the POPI Act….