Paddocks Press – September 2021
The September 2021 edition of Paddocks Press is now available.
Dealing with smoking nuisance in community schemes
This article aims to provide information to owners and residents of community schemes who are bothered by ‘second-hand smoke’ that drifts from another dwelling or an open area into their private area and causes them distress. If this is an issue that concerns you, there are several things you should know and consider when dealing…
Paddocks Press – August 2021
The August 2021 edition of Paddocks Press is now available.
Vaccination passports for scheme access?
The Covid-19 pandemic, which has now been a feature of our lives for 18 months, continues to generate new controversies. People who by nature are orderly and conscientious – and that includes most managing agents and trustees – are usually prepared to accept restrictions of their freedoms. Their priority is to protect themselves, their families…
Florida building collapse – a warning to community schemes
WHEN A TWELVE-STORY TOWER PARTIALLY COLLAPSED in Surfside, Florida, community schemes throughout the world took note. Shoddy building works, poor municipal supervision, insufficient maintenance, serious storms and the board’s refusal to raise special levies to fund repairs did not just result in arguments and legal action—these conditions cost lives. 36 people died and 109 other…
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…
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…
Can a body corporate impose fines? Fining rules in sectional title schemes
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….