A recent ruling by the Johannesburg High Court has brought some clarity for sectional title schemes, especially on collecting overdue levies and recovering legal costs when members do not pay. The case, SS Glen High Body Corporate v. M. Kruger NO (2023/055133), addressed issues many schemes face: can they recover legal fees incurred when chasing unpaid levies? Why this matters for...
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....
In the intricate realm of property law, the responsibilities of a body corporate within a sectional title scheme are paramount. A recent court case, Eze v Adderley Body Corporate and Another, serves as a poignant reminder of the implications of neglecting these duties. This case not only underscores the obligation of the body corporate to maintain and uphold the common...
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...
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...