The fundamentals of sectional title schemes and home owners’ associations (HOA) are very similar. Both are community schemes with shared use of common property where owners pay a levy to the scheme as a contribution for common property expenses. There are differences between the two types of community schemes that are important to understand. Legislation The legislative laws that apply to sectional title...
Bodies corporate need to pay continuous attention to its maintenance and financial responsibilities but around mid-December each year some may need a break from the daily management activities of the scheme. Taking a break should not be a problem if trustees and managing agents plan ahead. There are three key elements that should be considered and planned for, these are finance,...
A common dispute in sectional title has to do with smoke emanating from either a braai fire or someone smoking a cigarette. Many sectional title residents seem to think that smoke is something that one must tolerate in a community scheme environment. Let’s look at what the Act and conduct rules say about second-hand smoke entering a neighbour’s private space...
With the Protection of Personal Information Act (POPIA) recently promulgated many individuals are asking if their personal information is being shared with third parties against their will and if their information is being kept secure by those who have their information. Owners of sectional title properties should be asking the same questions of their scheme’s managing agents and trustees - whether...
The importance of selecting competent trustees to manage the scheme’s affairs cannot be overstated. Not only do they need to understand sectional title, they also need to fully understand their role and the responsibility, and be committed to carrying out their duties to the best of their ability. The members of a scheme can – and should – hold the trustees...