Paddocks Press – June 2018
The June 2018 edition of Paddocks Press is now available. Read more
The Chairman – King of the castle or just another knight at the round table?
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…
To pay or not to pay – Are you allowed to withhold contributions?
When it comes to a dispute with the body corporate, we are often asked by an owner in a sectional title scheme, as to whether they can withhold payment of their contributions, until such time as their dispute has been resolved. The simple answer to this question is no! An owner cannot refuse to pay…
Q&A – 2018 06
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! Trustee in arrears and still defaults on repayments Member’s question: Good day, There is a trustee who is in arrears with his levies and was handed over to…
Paddocks Press – May 2018
The May 2018 edition of Paddocks Press is now available. Read more
Does sectional title legislation apply to home owners’ associations?
By now, you should be aware that the Sectional Titles Schemes Management Act (“the STSMA”) and the Community Schemes Ombud Service Act (“the CSOSA”) came into operation on 7 October 2016. In our consulting department, we receive many queries from home owners’ associations (“HOA’s”) as to whether the provisions of the STSMA are applicable to…
Responsibility to repair and replace windows and doors
I often get queries on who is responsible for the maintenance (including repair or replacement) of windows and doors within sectional title schemes. In this article, I will address the financial responsibility for maintenance of the windows and doors (including garage doors). In order to answer these questions I will examine: What divides a section…
Q&A – 2018 05
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! Owners installing cameras on the common property Member’s question: Good day, If an owner has installed cameras in the basement, which is common property, without advising anyone or…
Paddocks Press – April 2018
The April 2018 edition of Paddocks Press is now available. Read more
Scheme management solely by an executive managing agent
The Regulations to the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”), and the Prescribed Management Rules (“PMR’s”), defines a managing agent as any person who provides scheme management services to a body corporate for reward, whether monetary or otherwise, including any person who is employed to render such services. Appointment of an…
How to insure owner-installed upgrades in sectional title units
Many sectional title owners renovate and upgrade their units over time with the aim of adding to their living comfort and market value. Unit upgrades typically include lapas, carports, swimming pools constructed on exclusive use areas, enclosed balconies, patios and added-on rooms, while more subtle upgrades might concern the installation of a security system or…
Q&A – 2018 04
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! Voting via Skype Member’s question: Hi Anton, Can an owner, who is overseas, attend a meeting and vote via Skype? Anton’s answer: Hi there, Yes, Prescribed Management Rule…
Paddocks Press – March 2018
The March 2018 edition of Paddocks Press is now available. Read more
11 actions trustees can approve in sectional title
Before 2011, the trustees were empowered to approve many actions within sectional titles schemes. For example, the trustees were entitled to let a portion of the common property to any owner or occupier of a section for a period of less than ten years. Such a lease agreement can only be entered into now on…
The Community Schemes Ombud Service and disputes
I remember studying the Roman Law maxim Communio est mater rixarum, which means “Co-ownership is the mother of disputes”. How true this is in community schemes! In this article, we will take a look at how the Community Schemes Ombud Service (“the CSOS”) defines disputes in community schemes. What is a dispute? The Community Schemes…