Paddocks Press – January 2022
The January 2022 edition of Paddocks Press is now available.
Analysis of the Marsh Rose case with comments
THE BODY CORPORATE MARSH ROSE (SECTIONAL SCHEME NUMBER: 269/2012) v ARNO STEINMULLER, THE STANDARD BANK OF SOUTH AFRICA LIMITED and HAASBROEK & BOEZAART ATTORNEYS INC. CASE NUMBER: A5002/2020 Analysis and Comments by Prof. CG van der Merwe and Graham Paddock To download this article as a PDF, click here. MAJORITY (BINDING) JUDGMENT: MATOJANE, J…
Paddocks Press – December 2021
The December 2021 edition of Paddocks Press is now available.
Payment of sectional title trustees
Schemes need reliable executives to work with their managing agents. People are becoming more conscious of their rights and more demanding of those who owe them duties. At the same time, society is becoming less polite. People revel in their ability to be highly assertive and initiate loud and sometimes brutal conflict at meetings, on…
Removing a director serving on the board of your Home Owners’ Association
Generally speaking, it can be quite difficult to get volunteers to serve on the board of directors of Home Owners’ Associations (HOA’s) registered as non-profit companies. Usually members are delighted when others commit to taking on the task. Unfortunately at times this delight can fade as it becomes more and more apparent that a particular…
Q&A – 2021 12
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! Special needs children and resultant noise nuisance Member’s question: Good day Paddocks, We have a tenant in one of the body corporate units with an autistic child. The…
Paddocks Press – November 2021
The November 2021 edition of Paddocks Press is now available.
Heathrow Property Holdings v Manhattan Place Body Corporate
Obligation of Sectional Title Schemes To Use The CSOS To Resolve Their Disputes And Collect Arrears In Heathrow Property Holdings v Manhattan Place Body Corporate, the judge examined a sectional title body corporate’s obligation to take disputes to the Community Schemes Ombud Service (CSOS) for resolution, rather than to the high court. He decided that taking…
Sectional title owners: Your right to access body corporate records
Bodies corporate are required to hold an annual general meeting within four months of the end of each financial year, which is the last day of September for sectional title schemes established under the Sectional Titles Schemes Management Act. Therefore, during the next couple of months, many owners will be preparing to attend their scheme’s…
Q&A – 2021 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! Installation of air conditioner on outside wall Member’s question: Good day Paddocks, If an owner wants to install an air conditioner on the outside of their unit (common…
Paddocks Press – October 2021
The October 2021 edition of Paddocks Press is now available.
Marsh Rose Body Corporate v Steinmuller
A High Court judgment that examines, among other issues, a body corporate’s right to insist on actual payment before issuing a clearance certificate for transfer, the effect of a magistrates’ court judgment on its claim, the need for taxation of legal collection costs and the use of the services of the Community Schemes Ombud Service…
Sectional title funds – why a cheque account simply won’t do
The worst types of mistakes made are those we make without even realising it. Why? Because one minute we’re going about our business in ignorant bliss and the next the rug is pulled from under us when someone (usually very publicly) points out our error, leaving us red-faced and on the back foot as we…
Q&A – 2021 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! Liability of managing agents where trustees have ignored recommendations Member’s question: Good day Paddocks, If, over a period of many years, a managing agent has been advising the…
Paddocks Press – September 2021
The September 2021 edition of Paddocks Press is now available.