I recently presented a workshop during which I discussed with those in attendance the requirement and importance of having members of bodies corporate cast their votes on voting cards at the scheme’s general meetings. Some of the feedback I received from managing agents attending the workshop included “But we have been voting by show of…
Unanimous resolutions are notoriously difficult to obtain. Before voting for or against, this type of resolution can even commence at general meetings, you need to have at least 80% of the body corporate’s members in value and number present or represented at the meeting (which anyone with sectional title experience will tell you is near…
With sectional title units remaining a very popular choice amongst first time buyers as well as those wishing to scale down (even in a tough economic climate), it is no surprise that more and more people are trying their hand at developing sectional title schemes. This can be as simple as building 2 houses on…
The vast majority of complaints I get about the management of sectional title schemes, are from owners who claim that their scheme’s managing agent and/or trustees are in some way failing in their duties. It is interesting how we are able to recognise the failures of others, while often being blind to our own responsibilities….
One of the most frustrating tasks some trustees and managing agents have to tackle, is the situation where the body corporate finds itself in financial difficulty as a direct result of some of its members failing, and/or refusing to pay their contributions (commonly referred to as “levies’). It is from this place of frustration that…
As South Africans we are incredibly passionate about our braais. It is evident in our social calendars, our meal planning, and certainly our homes. When selling a home these days a braai is advertised with as much enthusiasm as an en-suite bathroom or double garage and has certainly overtaken pools as the “must-have” item in…
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?”…
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…
French journalist, writer and politician, Françoise Giroud once said: “Nothing is more difficult than competing with a myth.” While the wise lady certainly had a point, I welcome the challenge to “bust” some common sectional title related myths by using the ultimate weapon in the battle against myth: fact. In last month’s Paddocks Press article,…
If you have ever watched the popular Discovery Channel television show “Mythbusters”, you will know that some myths are so entrenched in popular belief that we are left stunned when they are proved inaccurate. In this article, I will dispel 3 common myths members of bodies corporate tend to live by. “The owner who…
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…
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…
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…
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…
A phrase commonly used by many a rule breaker and approval seeker in sectional title is: “but the Chairman said it’s OK!” When interacting with some owners and tenants living within sectional title schemes the picture often painted of the chairman is one of a powerful leader, mighty decision-maker and almost Hollywood-like “ruler over all…
