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Appointing body corporate trustees is one of the most important decisions that the members of the scheme must make every year. Trustees should have the relevant knowledge and management skills, and they should also be able to carry out their responsibilities in a way that benefits the scheme. The selected trustees do not always have carte blanche when making decisions for...

The role of a trustee can be quite challenging. Dealing with financial issues, maintenance issues, conflict between owners, tenants or trustees may put owners off from being trustees. Add to that the fact that trustees typically do not get paid for the time they invest in the scheme and you understand why some schemes struggle to find owners to volunteer as...

Insurance may seem like a grudge purchase to some but in sectional title schemes it is worth every cent. In addition, the trustees have a fiduciary duty to ensure that the scheme is comprehensively insured and that all compulsory insured perils are covered as required in terms of the Sectional Title Schemes Management Act (STSMA). Let’s consider the various types of...

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...

Short term letting is a controversial topic in sectional title for various reasons, one of which involving the uncertainty as to what is allowed and what is not. Body corporate trustees have been at loggerheads with owners, trying to get decisive rulings via the Community Schemes Ombud Service (CSOS) to solve their disputes. Regrettably, the CSOS adjudications have varied widely in...