In sectional title schemes, disputes over unpaid levies are all too common, leading to a big question: Can bodies corporate cut off the electricity of owners who fall behind on payments? Earlier this year, the Gauteng High Court tackled this issue in two cases, offering insight into the legal complexities involved. A closer look In 2022, a case came before the court...
Disputes often happen in sectional title schemes because people share spaces, costs, and infrastructure. These disagreements can involve various individuals such as tenants, property owners, trustees, and managing agents. The main two types of disputes are: Financial and Administrative Issues: These can include problems with bookkeeping, audits, taxes, and legal matters. Physical Issues: These involve maintenance, improvements, alterations, and extensions....
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...
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...