Attending an Annual General Meeting (AGM) is an important responsibility for owners in a sectional title scheme. Certain documents must be provided before the meeting to ensure that everyone is well-prepared. These documents help owners make informed decisions and participate effectively. Essential documents for owners to review before the AGM, as prescribed by the Act: Annual financial statements Owners must receive the...

Serving as a trustee in a sectional title scheme is a significant responsibility. Trustees are entrusted with managing the affairs of the body corporate, ensuring financial stability, and making decisions that affect all members. However, with this authority comes potential legal and financial liability. Understanding your duties and taking proactive steps can help mitigate risks and ensure you fulfil your...

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...