The purpose of rules in a community scheme is to provide guidance on how residents, who share common facilities, must conduct themselves. Naturally, it is imperative that the rules are enforced in order to make them effective. Before we look at how to enforce rules, let’s first distinguish between the types of sectional title rules. Types of rules Sectional title schemes have management...

When the Sectional Titles Schemes Management Act no 8 of 2011 was promulgated in October 2016, many trustees and owners in sectional title schemes were under the impression that special levies were now a thing of the past. What lead to this impression was the obligatory requirement for a maintenance, repair and replacement plan (MRRP), compelling schemes to save for...

Each new year presents its own challenges for a body corporate. Body corporate planning allows unresolved matters from the previous year to be attended to and for all the role players to reset for the year ahead. What pro-active planning can be done? Every year body corporate trustees must ensure that they deal with legislative requirements that make their scheme compliant. The trustees,...

There are very few bodies corporate that function effectively without a managing agent. The responsibilities placed on trustees can be onerous, requiring dedication as well as knowledge of sectional title legislation. To make matters worse, trustees are not paid for their time and often not appreciated. The impact of low fees on service delivery The appointment of a managing agent is contractual of...

The income from levies is what enables a body corporate to pay for services provided and maintenance of the common property. As members in the scheme are proportionately responsible for their share of levies, it is essential that they pay their levies timeously. When members do not pay their levies, it can quickly result in financial distress for the body...