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Sectional Title Article
How to deal with Levy Non-Payers
Friday, May 29, 2015 08:00 | Views : 1407
Owners of units in Sectional Title schemes who do not pay their levies place an unacceptable burden on the other members of the scheme and in some cases the trustees even have to resort to raising a special levy... Read More »
Protection of Personal Information Act in the Sectional Title industry
Friday, February 27, 2015 12:00 | Views : 1406
Protection of Personal Information Act in the Sectional Title industry requires that ALL compan Read More »
Debt Collection In Sectional Title Schemes Often Needs To Be Done By A Professional
Thursday, October 30, 2014 12:00 | Views : 1568
Finances are the lifeblood of any organisation, particularly in sectional title schemes where t Read More »
Should a Body Corporate be run like a business?
Saturday, August 30, 2014 12:00 | Views : 1507
Although a body corporate is a not for profit organisation and its aim is not to “make” money, Read More »
Should interest rate on overdue levies be capped?
Monday, June 30, 2014 08:00 | Views : 1729
The age-old debate continues on whether the interest rate charged on overdue levies should have Read More »
Tips For Budgeting In Sectional Title Schemes
Friday, May 23, 2014 08:00 | Views : 1804
As prescribed by the Sectional Titles Act, budgeting in sectional title schemes is usually done Read More »
Understanding The Basics Of Sectional Title Management
Friday, January 24, 2014 08:00 | Views : 2037
Prior to 1973 according to common law in South Africa it was not possible to own part of a buil Read More »
Unforseen Major Expenses Need Not Put The Owners Under Strain
Monday, September 30, 2013 08:00 | Views : 2276
The body corporate of any sectional title scheme cannot lend money to any person but what many Read More »
Changes to the Management Rules
Tuesday, June 11, 2013 08:20 | Views : 2789
On the 14th of April 2013 various amendments to the Management Rules to the Sectional Titles Ac Read More »
Insurance for Homeowner Associations
Friday, February 08, 2013 12:00 | Views : 2498
When considering insurance for community living, most people only think of Sectional Title Sche Read More »
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       Latest Posts
Latest Posts Legal Advice - Conflict of interest and unauthorised project expenditure - Conflict of interest • A member of (our complex) Managing Agent Company, who was also a Trustee at the time had been awarded a building project. • This (member/managing agent/trustee) contractor was privy to other quotes submitted by other contractors. • Contractor quoted on building a wall of 76 meters (the above mentioned member quoted and was awarded the contract) • No action was taken against said contractor when it was later established the wall was in fact 176 meters long and that more funds were needed to complete construction. • Managing agent is very much involved in decision making with all aspects of running the complex, in the past friends and trustees have often been given work without alternate quotes obtained. • Managing agent has extended his role to “estate manager” which he was not contracted to do. Unauthorised expenditure • The contractor constructed a wall of 76 meters in length before realising he was short of building materials. It was established that the total distance required to complete construction was over 100 meters short of original quoted distance. (initially all homeowners paid a special levy to fund the costs for the approved quote of 76 meters) • Managing agent, chairlady and HOA trustees paid the shortfall from HOA funds without notice to home owners or receiving authorisation. (at the annual AGM homeowners were only made aware of this issue, the chairperson stated that they did not raise another special levy, they just used the additional funds from HOA account to finance the completion of the project) As this event occurred two years ago, do we as home owners and newly elected trustees have any recourse against the contractor, managing agent, chairperson and HOA trustees involved with this specific project? Is it possible to recover funds from them? And, what can be done about the blatant conflict of interest with awarding a project to a trustee privy to quotes, who is also a member of a business contracted to manage our complex? We feel the managing agent and outgoing chairperson should be reported and brought to book for all transgressions. Is there an organisation or body that could assist? Any advice on above mentioned would be greatly appreciated.

Last Updated: Thursday, March 23, 2017 09:40
Latest Posts Building plans - Hi , I am in a similar position , could you let me know what was the end result , did you manage to get building plans and if not did the trustees/managing agent obtain the new plans?

Last Updated: Thursday, March 16, 2017 12:14
Latest Posts Building plans and Body Corporate - I would like to know: Must a Body Corporate legally have in their possession building plans of the building? If exclusive use areas have a structure added must the BC show this as a alteration and amend their sectional plans? Thank you.

Last Updated: Thursday, March 16, 2017 12:08
Latest Posts Trustees - We have a consultant who has been formally contracted by the Body Corporate to carry out work on an insurance claim on a contingency basis, i.e if there is no settlement payout, he receives nothing, otherwise he gets a percentage of what has been paid. We now wish to have him elected to join the Trustees. Does his contract survive his becoming a trustee, so he can still be paid on the agreed pre-existing contractual basis, or does he then become prohibited from receiving the payment that he earned as a consultant. Clearly if there is any doubt he will resist becoming a trustee until he has been paid, which could be a year or two

Last Updated: Wednesday, March 08, 2017 11:39
Latest Posts Legal Advice regarding alterations - several owners have a roof construction fixed to the existing dwelling over the common property with pillars metal/wood, the common property is walled but not exclusive use area. Does this mean alienation of the common property, levies to be paid on the extension, the sectional title plans to include this alteration and registered accordingly? is there any exception or lenience because the trustee chairman apparently approved these alteration. Resolution may be outdated if this it does exist how do we move forward with issue to comply with the sectional title act and municipal regulations

Last Updated: Monday, March 06, 2017 10:13
Latest Posts General - I own an apartment and with this apartment a staff room. The staff room is rented out to a lady. She got married and her partner stays with her. The Body Corp advised that I am not allowed to have two people staying there according to their rules and therefore I must inform my tenant of this or she must evacuate the room. Firstly the room is my property not the Body Corp's therefore are they allowed to have such a rule - what is next? Are they going to tell me who is allowed to stay in my apartment? Is this not against my tenants human rights?

Last Updated: Monday, March 06, 2017 07:27
Latest Posts Front porch/stoep - Hi. A number of units in our complex have front porches which are for the exclusive use of the unit owner. These porches are covered and the exposed steel roof trusses need repair. Is this cost for the BC or owner?

Last Updated: Thursday, March 02, 2017 11:35
Latest Posts General - We have one tenant who is trying to force us to act on an allegation that his neigbour's cocroaches are enfesting his unit. We have no proof of this and thus we have only forwarded the information to the letting agent of that unit and asked the agent to investigate Are the trustees obliged to take this matter further by forcing the agent to have the unit fumigated without proof that there is really an ifestation, or are we done? Can the complainant force our hand without proof. How does one prove who;s cocroach is who's?

Last Updated: Monday, February 20, 2017 05:27
Latest Posts General - I am owner of a unit that has water/damp issues. I have contacted the body corporate and they appear not to take the matter seriously; they currently placing the blame on the contractor they used for installing aluminium repairs; this is just part of the problem. My own contractor and I have seen that the complex doesn't have proper drainage and water from the stairs causes damp by the entrance from the stairs. I have been contacting all parties involved and currently feel as though the body corporate is abdicating its responsibility and they should be involved. what recourse do i have against the body corporate? regards; RM

Last Updated: Monday, February 06, 2017 06:09
Latest Posts General - I have tenants in my unit and the rule is no washing line can be left on the balcony if not in use. My tenants have not adhered to this rule. My penalties escalated from R250 to R1500 everytime the clothing shore is found on the balcony. Can BC enforce such escalation within a short period of time? In a month can I be charged R1500 almost every week onto my levies because of this? How much is BC allowed to increase fines for not adhering to the rules? I think this is not right? Please advice.

Last Updated: Saturday, February 04, 2017 07:43
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