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Sectional Title Article
How to deal with Levy Non-Payers
Friday, May 29, 2015 08:00 | Views : 1463
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 : 1462
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 : 1629
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 : 1557
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 : 1799
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 : 1860
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 : 2083
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 : 2326
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 : 2839
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 : 2553
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 - Glad to receive comments SITUATION There are two existing trustees The minutes of the last AGM state: 1. Five trustees are to be elected (and were), three have since resigned. 2. No decision taken at a trustees meeting is binding until the minutes f that meeting have been unanimously approved. At the last trustees meeting five new trustees were elected, making a total of seven. The minutes have not been issued or approved yet. The simple question is - how many trustees are there at the moment?

Last Updated: Friday, April 21, 2017 11:20
Latest Posts Building plans and Body Corporate - Good day I was bout to leave for work on Saturday morning the 7th of January 2017 at exactly 07:45. I pulled my car out of the parking space, opened the motorised gate and pulled my car out. I could hear the gate making a slight grinding noise while opening, but it was raining heavily so I just assumed it was the rain causing it. I'm not as technical minded as our care taker. As I pressed the button to close the gate (I always wait until the gate is properly close before I drive off), the gate fell directly on my car giving me a shock of my life and I then pressed petrol thinking I could dodge the impact, but I was too late. I then called the care taker Oom Daan Maritz, lovely gentleman who came out no issues asked and assisted me. We then lifted the gate an positioned it against the wall to clear the driveway. I was very very upset, but had to go to work. I then later went to the Villieria Police Station to report the incident. Oom Daan advised me to report the incident at Elbie, which I did immediately. Elbie advised me that I would need to get three quotations and submit it to her along with the case number of the incident, which is exactly what I did on Monday evening after I got all three quotations to repair my vehicle. I did inform Elbie that I do not have insurance on my vehicle as it is a 1996 model just well looked after and not many insurance companies insure old vehicles like mine and if they do insure it, it is extremely expensive and I earn peanuts. Elbie is really not helpful, all she says is we have to wait and see! This is very upsetting. The body corporate's insurance have rejected my claim, regardless of the report the technician who repaired the gate issued. The technician wrote that the gate motor sensor was faulty and the gate didn't have a proper stopper installed, which caused the gate to derail. I took them to small claims court, court date coming up very soon. I spoke to their attorney and he told me that there is a loop hole in the act, as I would need to prove 5 elements of negligence. I will need to prove that their client was negligent. How do I prove that? I assumed the report that their technician wrote was sufficient, but they say it's not. Does anyone know how I can go about winning this case in court? Thank you and have a blessed day further.

Last Updated: Tuesday, April 11, 2017 06:29
Latest Posts General - In the Close I reside in which consists of 8 units we have an elected Chairman and a Trustee. My questions here is the owners that does not reside there and a former owner with ex Wife and the property is registered in a different name to the person that keeps been getting proxied in as a trustee in which is a cross pollination of 3 to 4 owners that comes with the Property for a number of years. To be exact 30 + years seems to be the only ones that makes these decisions in conjunction with the now newly appointed Managing Agent since 2014 as there were way to many questions asked by one of the owners about usage of funds i.e levies. Can people that dont live there have that much say and dont even pay the Close a visit and dont have the Property in their name be a Trustee? The one tenant complaint bitterly about no upgrading of the property he is renting and the rental keeps increasing diligently by 10% annually also one that just send in the proxy via mail every year from the same Clan that gets elected and does nothing! Its seems all to strange and not acceptable! Its almost like an organised Clan that will not allow fresh blood in good decision makings in the interest of upgrading the Close.

Last Updated: Friday, March 31, 2017 02:53
Latest Posts Legal Advice - Conflict of interest and unauthorised project expenditure - Honestly what you should be doing is take on all off them through the Ombudsman for Sectional Titles this the CSOS and pay a registration fee of R50. If they cannot produce or meet the answer they will send it to court for Arbitration as to many illegal issues and blatant misuse of funds is all to prevalent in these situations. I am sending you the information and its up to you to take on the strudel of the elected that does as they please. Conciliator - Western Cape Office Community Schemes Ombud Service 8th Floor Constitution House, Adderley Street, Cape Town C: 0878050229 E: Website: Email

Last Updated: Friday, March 31, 2017 01:46
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
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