Paddocks Press – November 2020
The November 2020 edition of Paddocks Press is now available.
Non-owner trustees in sectional title schemes
“Please help! There are trustees in my sectional title scheme who are not owners!” This is something that we often hear from owners or residents in sectional title schemes, who are concerned that the board of trustees of their scheme include one or more people who do not own a section within the scheme. Sometimes…
Reduce scheme costs by installing good geysers
It is surprising how often hot-water geysers burst, usually causing water damage to the interior of sections, and often causing damage to one or more adjoining sections. There is a lot of work arising from geyser failures. A claim needs to be made on the body corporate’s insurance policy, which can involve much correspondence and…
Q&A – 2020 11
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! Is it legal to take photos of residents who are contravening the conduct rules? Member’s question: Good day Paddocks, Is it legal to take photos of residents and…
Paddocks Press – October 2020
The October 2020 edition of Paddocks Press is now available.
A reflection on the last 4 years of CSOS Adjudications
The Community Schemes Ombud Service (more commonly known as CSOS) celebrated its fourth anniversary in October 2020 and there is much to be said about the positive changes that have been made to the CSOS since its rocky beginnings. Notwithstanding the fact that the CSOS has improved remarkably in many aspects over the last four…
Spending body corporate funds
One of the more frequently complained about aspects of sectional title management is the unauthorised spending of body corporate funds by the trustees or the scheme’s managing agent. Now that South Africans are forced to face the grave economic impact of COVID-19 and the national lockdown, the need to tighten the belt on our own…
Q&A – 2020 10
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 owners decide on how voting at an Annual General Meeting should take place, e.g. in secret? Member’s question: Good day Paddocks, Please advise whether the members at…
Paddocks Press – September 2020
The September 2020 edition of Paddocks Press is now available.
The benefits of online sectional title meetings
Many sectional title schemes across the country have been delaying their Annual General Meetings due to the COVID-19 lockdowns and resulting limitations placed on gatherings. However, many schemes are making use of various video platforms (such as Zoom) in order to hold their meetings without having to meet physically. While some trustees or managing agents…
Did the Judge and the CSOS Adjudicator get it wrong?
A criticism of the judgment in Kingshaven HOA v Botha Illegal parking in community schemes is often a real problem, and scheme executives need to be able to effectively control parking in the scheme. In the case of Kingshaven Homeowners’ Association v Botha and Others (6220/2019) [2020] ZAWCHC 92, which came to the high court…
Q&A – 2020 09
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! What can owners do to force trustees to call an Annual General Meeting? Member’s question: Good day Paddocks, Please advise what recourse owners have if trustees do not…
Paddocks Press – August 2020
The August 2020 edition of Paddocks Press is now available.
Waiving your right to hold an Annual General Meeting
Over the past couple of months, in light of the national lockdown and subsequent Alert Levels, many bodies corporate have expressed their desire to forego the holding of an AGM and to have their members simply approve Annual General Meeting (“AGM”) agenda items in writing via email. While legislation does provide for this, it has…
Working from home in community schemes – Insurance risks
In an interesting discussion in Paddock’s Club recently, the question was raised: May trustees allow or give permission to owners and/or tenants to work from home? Professor Paddock suggested that it is beyond the trustees’ powers under the Sectional Titles Schemes Management Act to allow or give permission to owners or tenants. However, when the…