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...
As a body corporate cannot function without funds, managing the scheme’s funds is one of the most important responsibilities the trustees have. While the trustees make decisions on how and when the funds must be allocated, they do not actually manage the funds themselves - this function falls on the managing agent. This is where problems sometimes arise and it is...
When it comes to the Sectional Title Schemes Management Act (STSMA), the Community Schemes Ombud Service (CSOS) and the Community Schemes Ombud Service Act (CSOSA), it is generally understood that the STSMA and CSOS applies to sectional title schemes; however, there is some confusion as to whether it applies to homeowners’ associations (HOA). Since the CSOS is a body that provides...
Estate living in South Africa has shown a steady increase over the past decade, highlighting its popularity as an asset class. There are some interesting reasons for this phenomenon; let’s review some of the reasons why estate living has become so popular and why there is an increase in the development of estates. Growth of estates in different geographical areas Although...
Homeowners’ associations (HOA), or estates, as they are commonly referred to, differ from sectional title schemes in a number of ways, offering a few attractive advantages. Let’s consider a few of the most significant advantages of living in an HOA: Lower monthly levies Levies are typically lower than sectional title schemes as contributions are limited to common property expenses such as...