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Subsidence of Sectional Title Dwellings

Subsidence of Sectional Title Dwellings Part 1: A Case Study and Legal Analysis By Prof. Graham Paddock This article examines the legal implications and responsibilities arising from foundation subsidence and consequent internal damage in sectional title schemes, using a real-life case study. The focus is on the duties of the body corporate and unit owners,…

For-Profit Activity in a Body Corporate

For-Profit Activity in a Body Corporate By Prof. Graham Paddock Sectional title schemes in South Africa are intended to function as non-profit entities, structured to manage and administer common property in the collective interest of all owners. However, in practice, sectional title bodies corporate often face challenges when for-profit motives are introduced—whether through developers, managing…

Section Extension or Exclusive Use Area Improvement?

Section Extension or Exclusive Use Area Improvement?  Understanding the difference and why it is important By Jennifer Paddock In sectional title schemes, distinguishing between a section extension and an improvement to an exclusive use area (EUA) can be challenging. While both involve changes to private property within the scheme, they follow different approval processes and…

Paddocks Press – February 2025

The February 2025 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as links to a myriad of helpful resources and information and reminders about upcoming…

Common Law vs CSOS Remedies: Addressing Damage Caused by Neighbours in Community Schemes

Common Law vs CSOS Remedies: Addressing Damage Caused by Neighbours in Community Schemes The key differences between Common Law remedies and those available under CSOS Act By Prof. Graham Paddock In the context of South African property law, damage caused by a neighbour’s actions or negligence can give rise to a variety of legal remedies.…

Distressed Sectional Title Schemes and Urban Decay

Distressed Sectional Title Schemes and Urban Decay: A Call for Legislative Reform to Protect Housing Stock in South Africa By Prof. Graham Paddock Introduction/Abstract Sectional title schemes, which provide communal ownership in multi-unit buildings, are a cornerstone of urban housing in South Africa. They offer affordability, secure tenure, and shared responsibility for maintenance of the common…

Paddocks Press Exclusive: Insights from the STSM Advisory Council Meeting

Paddocks Press Exclusive: Insights from the STSM Advisory Council Meeting By Jennifer Paddock On 5 February, Graham and I had the privilege of attending a stakeholders meeting with the Sectional Titles Schemes Management (STSM) Advisory Council. This Council plays a crucial role in advising the Minister of Human Settlements on necessary legislative amendments in the…

Paddocks Press – January 2025

The January 2025 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as links to a myriad of helpful resources and information and reminders about upcoming…

Who is responsible if the problem is underneath a EUA?

Who is responsible if the problem is underneath a EUA? A Legal Analysis of Responsibility for Maintenance of a Water Pipe in or under an EUA By Prof. Graham Paddock In sectional title schemes, the question of who is responsible for maintaining and repairing infrastructure such as water pipes often creates confusion, especially when such…

Paddocks Press – December 2024

The December 2024 Paddocks Press is now available. Click here to read In this edition you will find Paddocks experts shedding light on a number of current issues that will help you manage your properties more effectively and safely, as well as the upcoming courses in January 2025. Don’t miss the next issue. Sign up…

What are Body Corporate Rules?

What are Body Corporate Rules? By Prof. Graham Paddock Body corporate or scheme rules play a critical role in regulating the governance, management, and operational functioning of sectional title schemes. However, confusion often arises about their exact legal nature. Are they contracts, servitudes, or a form of legislation? This distinction is not merely academic; it…

Paddocks Press – November 2024

The November 2024 Paddocks Press is now available. Click here to read This month the Paddocks experts shed light on a number of current issues that will help you manage your properties more effectively and safely. Don’t miss the next issue. Sign up here: http://bit.ly/3oIV1mN

The Attic Altercation: Analysis of a CSOS Order

Analysis of a CSOS Order: The Attic Altercation at Chenin Body Corporate By Prof. Graham Paddock In Chenin Body Corporate v Steele (CSOS 4281/WC/21), an owner’s unauthorised attic storage solution led to a dispute with the body corporate. This hidden storage area on community property sparked a legal battle, highlighting one of the challenges of…