Member directives to executives in Home Owners’ Associations
By Anton Kelly Owners in sectional titles schemes don’t always realise that, as a group, they can tell the trustees how to deal with a specific issue. Both the Act…
Articles
What can an owner achieve by attending the AGM?
By Anton Kelly A certain sports club holds its AGM directly after the annual fun competition that just about all the members like to take part in. Why? Because…
Insurance payouts in damaged schemes
By Brian Addison Section 37(1)(h) – “Functions of the Body Corporate” directs that the trustees, acting on behalf of the Body Corporate, must apply any insurance money received by it,…
Q&A with the Prof – 2012 11
By Prof Graham Paddock Below is an example of a question on the discussion forum on Paddocks Club. We want to show what is available to our Community Members! (more…)
Developers right to extend scheme
By Anton Kelly Most large property developments are built in “phases”. This methodology has obvious time and financial advantages for the developers and allows owners and tenants, especially in commercial…
New plumbing certificate of compliance
By Larry Berger The City of Cape Town has finally gazetted a new Property Sales by-law that is now in effect. Just like the Electrical Certificate of Compliance (COC), a…
Q&A with the Prof – 2012 10
By Prof Graham Paddock Below is an example of a question on the discussion forum on Paddocks Club. We want to show what is available to our Community Members! (more…)
2012 Proposed Amendments to the Sectional Titles Act, 1986 explained
By Kate Blake, in consultation with Graham Paddock. The 2012 Proposed Amendments to the Sectional Titles Act, 1986, were made available for comment earlier this month; although the period for…
How private is your section after all?
By Anton Kelly One of the fundamental rights of property ownership is the right to control who comes onto your property. But like many other rights, this right is…
PMR 31 and special levies
By Anton Kelly We have realised over the past few weeks that there seems to be some confusion surrounding the use of the Sectional Titles Act and the prescribed management…
Q&A with the Prof – 2012 09
By Prof Graham Paddock Below is an example of a question on the discussion forum on Paddocks Club. We want to show what is available to our Community Members! (more…)
Paddocks Club – The growing community
By Kate Blake Paddocks Club has been in operation since January 2011 and we are so proud of this initiative. The Club, which is headed by Prof Graham Paddock, was…
Are exit levies taxable?
By Clint Riddin In recent issues of Paddocks Press we visited the new Interpretation Note 64, which deals in detail with how SARS taxes a property community scheme. A new…
Q&A with the Prof – 2012 08
By Prof Graham Paddock Below is an example of two of the questions on the discussion forum on Paddocks Club. We want to show what is available to our Community…
Solving disputes with neighbours in sectional title schemes
By Anton Kelly Principles contained in the Sectional Titles Act, and the prescribed rules, show us paths to follow to achieve certain objectives but sometimes without detailing the steps.…
The Consumer Protection Act and Managing Agents
by Dr Gerhard Jooste The Consumer Protection Act (more…)
Making fines stick in community schemes
By Anton Kelly The executives in many sectional title schemes and home owners’ associations (HOAs) use fines as a way of discouraging rule breaking by members or residents. At first…
What happens when the owner of a sectional title unit dies?
By Anton Kelly When a person dies, the Master of the High Court appoints a trustee to wind up their estate. This involves paying any outstanding debts, realising any assets…
Retaining walls vs boundary walls
By Bruce Gibson In a recent incident at one of our client’s properties, a retaining wall collapsed. A claim was lodged, however, the insurers declined the body corporate’s claim for…
Qualification for service as an executive in a Home Owners’ Association
By Anton Kelly Recently we wrote about the fiduciary duty of trustees and directors of Home Owners’ Associations (HOAs). This duty is a duty of care and skill and it…
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