This is the first article in a series of three articles, which will deal with the management of a sectional title scheme. We will first look at the financial management of a body corporate, followed by administrative and then physical management. The functions and powers of the body corporate, as set out in sections 3,…
It is unfortunate that the requests for assistance with removing a board of trustees’ chairperson from office seem to be flooding our inboxes here at Paddocks lately. While the sceptics among us may jump to the conclusion that these requests stem from an increasing number of chairpersons across the country breaching their fiduciary duties toward…
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! Over payment of levies Member’s question: Hi Ané, If an owner within a scheme has overpaid on his levies over a period of time, and as a result…
Topic: Can trustees be held liable for their decisions? Date: 7 October 2018 Interviewer: Africa Melane on 567 CapeTalk radio station During this interview, Zerlinda discusses the decisions taken by the trustees, and whether or not they can be held personally liable. Zerlinda also explains the importance of recusing oneself from certain decisions when they…
The September 2018 edition of Paddocks Press is now available.
In the past 8 years, few topics have sparked as much debate as that of short-term letting. Since becoming the first African country to be represented on the popular Airbnb short-term letting platform in 2010, South Africa has added more than 40,000 active listings on the site, with more hosts signing up every day. As…
Over the last few weeks, we have been receiving numerous queries as to whether community schemes may withhold payment of levies to the Community Schemes Ombud Service (“the CSOS”). The answer is no, and this article will focus on the consequences of a community scheme’s failure to comply with the requirement of the payment of…
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! Selling exclusive use rights Member’s question: Hi Paddocks team, One of the owners in a Sectional Title Complex have exclusive use rights to a maids room allocated to…
There are a number of forms provided for community scheme managers and residents to use in various situations. Some must be used for routine statutory submissions to various authorities and some are used internally in the scheme, to apply for and grant consents or appoint representatives to attend meetings when the member is unable to…
One of the biggest challenges managing agents and trustees often face is how to deal with a significant expense that no one anticipated. The requirement for a 10 year maintenance, repair and replacement plan (“MR&R plan”) has forced trustees to think and plan ahead, however some expenses remain quite simply unforeseeable. A practical example of…
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/Trustee/Caretaker remuneration Member’s question: Good day Paddocks, Background: An Owner that is part of the Trustee committee and also elected as a Caretaker that receives a remuneration from…
The July 2018 edition of Paddocks Press is now available. Read more
In sectional title schemes, there are many different types of decisions that can be taken, and in each case, the requirements for such a decision or vote is different and often more complicated than the prior resolution. It is important in order for the proper administration and management of the scheme that the requirements for…
Having worked closely with countless trustees over the past 4 years, I can confidently say that most of them have one thing in common – a frustration with the thankless position they find themselves in. If you have ever served on a body corporate’s board of trustees you will know that the job comes with…
