Paddocks Press – April 2022
The April 2022 edition of Paddocks Press is now available.
Withholding a levy clearance certificate until plans are approved
AN OWNER sells a unit. The trustees know that some of the owner’s building works are not approved. These may be in an exclusive use area or on the common property. They may also be unauthorised lofts, roof decks or other alterations to the exterior of a section. Can the trustees or managing agent issue…
Paying for maintenance to exclusive use areas – the proper way
Two of the key subjects of disputes in sectional title schemes are funding maintenance works in the scheme and exclusive use areas. In this article, I’ll take a closer look at the spot where these two intersect – namely the funding of maintenance to be done on these exclusive use areas. If you are thinking…
Q&A – 2022 04
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 a casting vote apply when there are only two trustees? Member’s question: Good day Paddocks, If a scheme only has two trustees does the chairman still have…
A Closer Look at The Property Practitioners Regulatory Authority
Last month I highlighted elements of the code of conduct that came into effect on 1 February 2022 under the Property Practitioners Act of 2019 (the ‘PP Act’). This article is an overview of the PP Act’s provisions that apply to managing agents and paid trustees. Introduction The Property Practitioners Regulatory Authority (the ‘PPRA’) falls…
Appealing a CSOS adjudication order is not your only option
It has been almost six years since the Community Schemes Ombud Service Act (“the CSOS Act”) came into operation and by now it is generally understood by most stakeholders in community schemes that any person who is dissatisfied by an adjudicator’s order, may appeal to the High Court, but only on a question of law,…
Q&A – 2022 03
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! Patio Waterproofing: Leak from balcony into lower section – must the Body Corporate get involved? Member’s question: Good day Paddocks, We have a body corporate where the balconies…
Paddocks Press – February 2022
The February 2022 edition of Paddocks Press is now available.
A Code of Conduct applicable to managing agents and paid trustees
The Property Practitioners Act of 2019 came into effect on 1 February 2022. The Act itself has 77 sections in 11 chapters, and the regulations include a further 41 headings in 8 chapters. The reason people involved in community scheme management should read this lengthy Act, perhaps selectively, is that it regulates those who manage…
Can an owner’s insurance excess payable be added to their levy account?
Recovering money from people can certainly be challenging. It is therefore not surprising that trustees and managing agents alike prefer to add contributions and charges payable by members directly to what we in practice commonly refer to as their “levy account” or “levy statement”. One of the obvious reasons for this is that it gives…
Q&A – 2022 02
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! Bank Statements and the POPI Act Member’s question: Good day Paddocks, An owner has in the past requested getting a copy of the physical bank statement every month….
Paddocks Press – January 2022
The January 2022 edition of Paddocks Press is now available.
Analysis of the Marsh Rose case with comments
THE BODY CORPORATE MARSH ROSE (SECTIONAL SCHEME NUMBER: 269/2012) v ARNO STEINMULLER, THE STANDARD BANK OF SOUTH AFRICA LIMITED and HAASBROEK & BOEZAART ATTORNEYS INC. CASE NUMBER: A5002/2020 Analysis and Comments by Prof. CG van der Merwe and Graham Paddock To download this article as a PDF, click here. MAJORITY (BINDING) JUDGMENT: MATOJANE, J…
Paddocks Press – December 2021
The December 2021 edition of Paddocks Press is now available.