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...
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...
A holder of an exclusive use area (EUA) has the exclusive right to the use and enjoyment of the EUA and can make minor improvements to the area. However, the holder must ensure that any improvements do not detract from the appearance of the section or the common property. The holder of the EUA will require written consent from the trustees...
What does a sectional title owner actually own? A sectional title owns a unit in the sectional title scheme, which consists of a section (i.e., flat or townhouse) and an undivided share (or percentage) of the common property. Some parts of the common property can also be designated as exclusive use areas (i.e. parking bay or private garden) How does voting at an...
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”),...