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...

Prescribed management rule (“PMR”) 7 requires owners who want to nominate trustees to do so in writing accompanied by written consent from the nominated person at least 48 hours before the annual general meeting (AGM). If the number of nominations received before the AGM equals the number of trustees decided upon at the AGM, there will be no need for...

South Africans have been enduring long periods of load shedding over the past few months and this has led to many sectional title schemes considering installing solar power and inverters. However, before any such installation can take place members need to consider The Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”) together with the prescribed management rule (“PMRs”) and prescribed conduct rules (“PCRs”),...

It is important to understand the extent of coverage of the body corporate’s sectional title insurance - and what your personal liability is - to avoid any oversights. This is especially true for new owners. In this article, we provide some information to clarity the matter: Sectional title insurance is a legal requirement, and the costs are calculated according to each section...