One of the most important decisions that members of a sectional title scheme make every year is the appointment of trustees. If this decision is taken lightly, it can potentially have a number of negative effects, both in the short- and long-term. The appointment of trustees has a direct effect on who will be appointed as the chairman; this is why...
With the promulgation of the Community Schemes Ombud Service Act of 2011 (the Act), community schemes and its members are given an alternative forum where they may resolve their differences. Disputes between owners, with the trustees or with the managing agent may be lodged with the Ombud service for conciliation. The functions of CSOS The Community Schemes Ombud Service has a juristic nature,...
One of the most important decisions the members of a sectional title scheme must make every year is the appointment of trustees to manage the affairs of a body corporate. Unfortunately, it is not always given the consideration it deserves and internal conflict often results in members voting against candidates they dislike as opposed to voting for people based on...
A body corporate is a community of owners living in a complex where a harmonious living environment is expected. Members of a body corporate own an undivided share of the common property together with their units and contribute to the general expenses of the scheme via their levy contributions. It follows that owners expect to have a say in decisions made...
It is a common myth that exclusive use areas do not form part of the common property. The truth is that exclusive use areas (EUAs) do form part of the common property; however, the owner has exclusive use of this area – for example, an enclosed garden. The Sectional Titles Schemes Management Act No 8 of 2011 determines that it...