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Homeowners’ associations (HOAs) and sectional title schemes are referred to as community schemes. There are many differences between these types of schemes; in this blog, we will mainly focus on the laws that govern these two types of schemes and how to amend their rules. The laws that govern HOA Homeowners’ associations (HOAs) can either be subject to a constitution (in the...

In part 1 of this blog, we discussed the three P’s: People, parking and pets which are generally the biggest points of contention in sectional title schemes. Aside from the three P’s, there are five further rules providing guidance in how to effectively govern behaviour in sectional title schemes. These are: Waste disposal Refuse disposal that is not controlled can lead to...

Community scheme living can be challenging as it often involves people from diverse backgrounds and with different personal preferences. Issues that become a point of contention involve noise disturbance, the keeping of pets, parking problems and refuse disposal, to name only a few. Know the rules The Sectional Titles Schemes Management Act (STSMA) has prescribed rules know as conduct rules which schemes...

In sectional title schemes there is a collective responsibility on the various owners to ensure their scheme is well managed and maintained. This collective responsibility extends to the critical aspect of health and safety. It is generally understood that the body corporate is responsible for the maintenance and upkeep of the common areas while the owners are responsible for the inside...

In this blog, we address the confusion around exclusive use areas (EUAs) in sectional title schemes. EUAs comprises parts of the common property where specific owners enjoy exclusive use and enjoyment of these areas. The different types of usages allocated to EUAs include parking bays, storerooms, balconies, roof terraces, gardens and garages. Registering EUAs Exclusive use areas are allocated to owners...