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...
A holder of an exclusive use area (EUA) has the exclusive right to the use and enjoyment of the EUA and can make minor improvements to the area. However, the holder must ensure that any improvements do not detract from the appearance of the section or the common property. The holder of the EUA will require written consent from the trustees...
Prescribed management rule (“PMR”) 7 requires owners who want to nominate trustees to do so in writing accompanied by written consent from the nominated person at least 48 hours before the annual general meeting (AGM). If the number of nominations received before the AGM equals the number of trustees decided upon at the AGM, there will be no need for...
What does a sectional title owner actually own? A sectional title owns a unit in the sectional title scheme, which consists of a section (i.e., flat or townhouse) and an undivided share (or percentage) of the common property. Some parts of the common property can also be designated as exclusive use areas (i.e. parking bay or private garden) How does voting at an...
South Africans have been enduring long periods of load shedding over the past few months and this has led to many sectional title schemes considering installing solar power and inverters. However, before any such installation can take place members need to consider The Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”) together with the prescribed management rule (“PMRs”) and prescribed conduct rules (“PCRs”),...