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...
Fidelity insurance is a crucial safeguard for bodies corporate managing sectional title buildings in South Africa. It protects the financial health of the scheme and shields members from the potentially devastating consequences of theft or mismanagement of funds. Let’s look at why this type of insurance is essential, what it protects against, and the procedure to obtain it. Why fidelity insurance...
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...
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...
Tenant evictions are often the last resort for landlords, primarily due to the significant expenses, lengthy procedures, and emotional toll it takes on both parties involved. With tenant arrears currently sitting at 17% by Q4 2023, many landlords are left with no choice but to pursue legal action. The Rental Housing Act of 1999 governs the relationship between landlords and tenants...