Roof maintenance: Keeping a lid on it
Generally, people don’t think about roof maintenance until a massive leak appears while they are away on holiday in Barbados escaping the rainy season back home. While the unit owner…
Articles
Q&A with Jennifer Paddock – 2009 09
Trustees voting deadlock Q1: I live in a complex with only 6 units, all the owners are trustees. We recently decided to repaint the buildings but we cannot come to…
Exclusive Use Tutorial and Quiz
An interactive component to this edition of Paddocks Press, the exclusive use tutorial will test your knowledge of two different types of exclusive use areas. Answers are provided at the…
Buying into Historic Scheme Debt
Do Registrars Of Deeds And Conveyancers Have A Legal Obligation To Ensure That Purchasers Of Sectional Title Units Do Not Buy Into Historic Scheme Debt? Mike Power points out that…
Introduction to windows and exterior doors
Any item that gets pushed, pulled and slammed as much as windows and doors in a typical South African home is likely to take a beating over time. And even…
International Comparatives: Portugal
Portugal’s real estate law is governed by a Civil Code. In the Code, provision is made for: (a) Absolute Ownership (“Direito de Propriedade”) which is similar to South African…
Passing a Special Resolution could be easier than you thought!
The reality is that in schemes where there are no particular financial problems, attendance at general meetings tends to be poor. Prescribed management rule (“PMR”) 58 takes this eventuality into…
Taking Action Against The Developer
In new sectional title developments, the first purchasers of apartments in the building usually buy their properties “off-plan” from the developer,as the actual buildings are not yet in existence at…
Dealing with Spalling Concrete
A friend of mine was recently looking to buy a sectional title unit on the Atlantic Seaboard in Cape Town. After many Sundays of viewing apartments and searching on the…
Leaking Balconies in Sectional Title Schemes
Sectional title living often sees people living above and below each other. This means that when there is a leak in a first floor or higher section, the section below…
Condensation
The condensation of water vapour leads to dampness, and as we all know, dampness is nothing but bad news. In this article I will be outlining the condensation process in…
The Three P’s: Pets, Parking and difficult People
By Jennifer Paddock Pets, parking and difficult people are possibly the three most contentious issues in sectional title living. In this article we will look into each issue, the laws…
The Power of Trustees
There is a common misconception amongst sectional title owners that the trustees of the body corporate are more important than the ordinary members of the body corporate, with the chairperson…
Apartment ownership in the Netherlands
The Netherlands government tackles insufficient provision for future maintenance costs and ensures scheme information is generally available. Apartment ownership has been a feature of the Netherlands legal system since 1951.…
Wood, Insects and Fungus
Do the words Hylotrupes Bajulus, Oxypleuris Nodieri , Anobium Punctatum , Lyctus Brunneus ,Bostrycidae, Phoracantha, Stenocellis Hylostoides, Nicobium Castaniun, Ondontotermes Badius , Macrotermes swaziae, Ernobius Molus or Xylocopidae mean anything…
What is “Fractional Ownership” in Sectional Title schemes?
The Concept Fractional means “being a part / fraction of a whole ”. So “fractional ownership” should mean “part ownership” and, in the context of real property, “part ownership of…
Buying a property in a sectional title scheme
When buying an apartment in a sectional title scheme, is it necessary to be more careful when you sign on the dotted line than you would have to be if…
Sectional Title Bookkeeping course workshop photo
Paddocks in association with Clint Riddin presented the Sectional Title Bookkeeping Course workshop in Johannesburg on the 14th and 15th of October 2009. We had a great interactive group of…
Sectional Title Proxies
All votes at general meetings in sectional title schemes can be cast either personally or by proxy. In this article we spell out the law in respect of proxies appointed…
Quorums and the Value of Votes: Proposed Changes to Prescribed Management Rules 53, 57 And 64
By Charles Baker I was recently requested to chair the Annual General Meeting of a local KwaZulu‐Natal sectional title body corporate. The members wanted a reliable and independent person to…
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