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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...

A common dispute in sectional title has to do with smoke emanating from either a braai fire or someone smoking a cigarette. Many sectional title residents seem to think that smoke is something that one must tolerate in a community scheme environment. Let’s look at what the Act and conduct rules say about second-hand smoke entering a neighbour’s private space...

Owners in a sectional title scheme who own more than one unit next to, or above, each other can opt to have their sections consolidated into one. While this is not a complicated process, it does need to comply with a few regulations of the Sectional Title Act. Why consolidate two sections? The consolidation of sections is normally determined by two factors...

On 1 July 2021 the Protection of Personal Information Act (or POPI Act) commenced. This act will have substantial bearing on how institutions, companies and other organizations - as keepers of information - protect and use information they have in their possession. This includes all community schemes such as bodies corporate. While the Act does not set specific rules, it does...

It can be quite costly when leaks cause damage inside a sectional title unit. This can happen when a geyser bursts or malfunction, or as a result of a leak from a pipe or the roof. The reality is that in many cases, the damage can be avoided – or at least, minimised – if it is maintained regularly. There are...