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Appointing body corporate trustees is one of the most important decisions that the members of the scheme must make every year. Trustees should have the relevant knowledge and management skills, and they should also be able to carry out their responsibilities in a way that benefits the scheme. The selected trustees do not always have carte blanche when making decisions for...

The role of a trustee can be quite challenging. Dealing with financial issues, maintenance issues, conflict between owners, tenants or trustees may put owners off from being trustees. Add to that the fact that trustees typically do not get paid for the time they invest in the scheme and you understand why some schemes struggle to find owners to volunteer as...

Insurance may seem like a grudge purchase to some but in sectional title schemes it is worth every cent. In addition, the trustees have a fiduciary duty to ensure that the scheme is comprehensively insured and that all compulsory insured perils are covered as required in terms of the Sectional Title Schemes Management Act (STSMA). Let’s consider the various types of...

A body corporate is responsible for the maintenance of the common property of the scheme which includes planned and unforeseen maintenance. Maintenance to water damaged areas tends to raise the question: “Who is responsible for the repairs after a leak has been discovered?” To determine this one needs to establish where the leak originates and what caused the leak. Leaks originating from...

Living in a sectional title scheme has many advantages but one very distinctive disadvantage is being exposed to noise disturbances. This can be a challenging problem to deal with but let’s look at what the prescribed conduct rules say about noise disturbance in the Sectional Titles Schemes Management Act: Rule 7 deals with how occupiers and visitors in schemes should...