UCT Scheme Manager – Sectional Title

This module is designed to provide the learner with a basic knowledge and understanding of the South African legal environment in which sectional title schemes operate. The module includes an overview of contracts, and other legislation and by-laws that affect sectional title scheme management.

In this module, we define ownership and limited real rights. We look at what can be done with owned property and what limitations are imposed by the rights of others on an owner’s use of their property. We examine the different types of limited real rights that can be held over fixed property, and mention the different types of community schemes that currently exist.

In this module, we introduce the main components of a sectional title scheme and the fundamental concepts that students must grasp to be able to understand the more complex concepts dealt with in subsequent modules. We give an overview of the management of the scheme and the role of owners.

In module 4 we examine the concept of agency and explain the appointment of the managing agent, the body corporate’s duties to the agent and his or her duties and obligations to the body corporate.

Sound financial management of a scheme is the most important management task. In this module, we look at the legislated requirements for the collection and proper use of owners’ contributions, insurance, and accounting and financial record keeping.

In this first part of administrative management we look at the rules that apply to sectional title schemes and how they are made and changed. We explain how the trustees are appointed, the fiduciary nature of their office, and how they make their decisions.

In part 2 of administrative management we focus on member meetings and their resolutions. We explain how schemes can be administered by a court appointed administrator, and the legislated requirements for record keeping, and member access to those records.

This module examines the requirements and operation of body corporate and owner maintenance of the common property and sections, how schemes and sections can be altered, and the rights and restrictions of owners in their use of their sections and the common property.

In this module, we look at resolving disputes in schemes. We examine internal dispute resolution processes, applications to the Community Scheme Ombud for dispute resolution and its processes, and arbitration and litigation when they are appropriate.