Following the attention the concept of special levies has enjoyed in the media over the past few weeks, the question on every sectional title unit owner’s lips seems to be: “If I did not agree to a special levy being raised, how can the body corporate possibly add this additional amount to my levy statement?”…
There is often confusion about what level of body corporate consensus is required for certain decisions. Some years ago, Jennifer Paddock assembled a list of resolutions taken by the body corporate and by the trustees, and I thought it worth doing the same by creating an updated list in terms of the Sectional Titles Schemes…
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 special levy /contribution be payable over 12 months? Member’s question: Good afternoon Can you please let me know what the maximum period a special levy can…
The May 2019 special edition of Paddocks Press is now available.
Sectional Title Scheme Rules under the New Legislation. In the light of the new sectional titles schemes management legislation, I have re-examined the subject of sectional title body corporate rules. First I look at the four types of rules a developer or body corporate can make. Then I examine the law and other legal principles…
Community schemes across the country breathe a huge sigh of relief, following the judgment handed down by the Supreme Court of Appeal (“SCA”) on 28 March 2019, in Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh & others (323/2018) [2019] ZASCA 30. Here is a brief history on the series of…
There are 3 different types of meetings in sectional title schemes, namely trustee meetings, dealt with in the first part of this series of articles; annual general meetings, dealt with in part 2; and all other general meetings, which are called special general meetings. Special general meetings In this third article, we will be dealing…
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! Validity of WhatsApp trustee decisions – i.e. Resolutions without meetings Member’s question: Hi Prof A body corporate has just set up a WhatsApp group and have sent the…
While most members of bodies corporate are aware of the fact that the body corporate is responsible for the maintenance of the scheme’s common property [per section 3(1)(l) of the Sectional Title Schemes Management Act, 95 of 2011 (“STSMA”)], confusion often rears its head when trying to figure out exactly what this “maintenance” includes or…
There are 3 different types of meetings in sectional title schemes, namely trustee meetings, dealt with in the first part of this series of articles; annual general meetings; and all other general meetings, which are called special general meetings. Annual general meetings In this second article, we will be dealing with annual general meetings (“AGM”)….
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! Owner leaves meeting, so it has no quorum: Is the initial quorum still valid?? Member’s question: Good Day If an owner was present at the start of the…
The February 2019 edition of Paddocks Press is now available.
A sectional title body corporate is responsible for management and administration of its scheme. It must ensure that the provisions of the Sectional Titles Schemes Management Act (the Act) are complied with and it must enforce the provisions of its management and conduct rules. These responsibilities must be carried out in the best interests of…
