fbpx

The body corporate is obligated to carry out the responsibilities assigned to it under the Sectional Titles Schemes Management Act (‘STSMA’) or in accordance with the rules, with the aim of establishing and sustaining an administrative fund that adequately covers the estimated annual operating costs for the repair, maintenance, management, and administration of the common property. Administrative budget The creation of a...

Smoke is always a controversial issue in sectional title schemes due to the proximity in which people live. In South Africa, smoking tobacco products is governed and regulated by the Tobacco Products Control Act (TBCA), which regulates smoking in public places, among other functions, and is defined as “any indoor, enclosed or partially enclosed area which is open to the public”. While...

Managing agent When a body corporate enlists the services of a managing agent, both parties should ensure that the management agreement between the managing agent and the body corporate complies with the requirements as set out in the STSMA Regulations, i.e., the agreement may not endure longer than three years. The managing agent can attend all meetings and provide advice but may...

In order for an owner to be able to lawfully keep a pet on the property, they need written consent from the trustees of the body corporate, and the trustees may not unreasonably withhold such consent. Conditions The trustees may impose any reasonable conditions for the pet to stay on the property and when such conditions are breached, the trustees will be...

Section 4(c) of the Sectional Title Schemes Management Act No. 8 of 2011 provides that the body corporate may exercise the power to purchase, hire, or otherwise acquire movable property for the use of owners for their enjoyment or protection, or in connection with the enjoyment or protection of the common property. With increasing concerns for safety and security, more people are carefully weighing...