A recent ruling by the Johannesburg High Court has brought some clarity for sectional title schemes, especially on collecting overdue levies and recovering legal costs when members do not pay. The case, SS Glen High Body Corporate v. M. Kruger NO (2023/055133), addressed issues many schemes face: can they recover legal fees incurred when chasing unpaid levies? Why this matters for...
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...
The Community Schemes Ombud Service (CSOS) was established in terms of the Community Schemes Service Act 9 of 2011 to regulate the conduct of parties within community schemes and to ensure their good governance. When an owner or occupier has a dispute relating to the administration of that scheme, they are able to approach CSOS for assistance to resolve such dispute. Not...
The act of voting at body corporate meetings is what legitimises the implementation of the decisions taken. While it is the trustees’ responsibility to ensure that all votes are counted and recorded correctly, this function is generally delegated to the managing agent. The responsibility of keeping track of all the votes has dramatically increased with the changes in voting procedures at...
On 1 February 2022 the new Property Practitioners Act will commence. While this new consumer-driven Act aims to provide protection for consumers when purchasing, leasing, financing, renting or property, the requirements will be quite taxing for property practitioners. Below are a few changes of importance that the new law will bring to the industry. Property practitioners & Fidelity Fund Certificates The definition of...