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…
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…
The question of whether or not a body corporate can legally impose fining rules in sectional title schemes is dependent on the rules of the scheme. In order for a penalty rule to be binding on the body corporate, enforceable, and the fine recoverable, it must be set in the governance documentation of the scheme….
