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Sectional Title Article
How to deal with Levy Non-Payers
Friday, May 29, 2015 08:00 | Views : 1039
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 : 1110
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 : 1251
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 : 1232
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 : 1407
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 : 1472
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 : 1758
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 : 1983
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 : 2480
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 : 2243
When considering insurance for community living, most people only think of Sectional Title Sche Read More »
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       Latest Posts
Latest Posts Not rotating security guards - Is there some legality with regards to the rotation of security guards? I have concerns about our guards who are too comfortable and disrespectful but the trustee contacted does not want them rotated but he is not the one who is at home often and who's personal information is being given out to the security guard's friends. My concern was dismissed based on a single individuals attitude. Could I take this further?

Last Updated: Thursday, September 22, 2016 07:05
Latest Posts Who is responsible for Security at our sectional title complex. - I reside in a complex that has 104 units, levies were charged as per PQ rates and a separate fee was added for security(divided equally amongst the 104 units. The new managing agent states "All charges must be allocated per PQ to the owners, I cannot change it, as it is part of the Act.If you own a bigger unit, you own a bigger share in common property, therefore you need to contribute more on charges related to common property." I am already paying a higher rate as I have a larger unit , now I have to pay extra for security too? Common property is shared please advise.

Last Updated: Wednesday, September 21, 2016 02:48
Latest Posts Legal Advice regarding alterations - Hi, in my complex of 250 apartments a neighbour changed their 100 m2 original balcony tiles for tiles who are not complying with the registered rules of the BC. The Board of Trustees is not reacting at official letters by 3 owners to rectify this illegal alteration and now the unit is for sale. Is it legally possible to sell an apartment with an illegal alteration which is formally questioned by other owners. Can you report this to the Deeds office? Kind regards PHvdG

Last Updated: Wednesday, September 07, 2016 02:00
Latest Posts General - I purchased an apartment in a sectional title complex consisting of 50 apartments. The majority of these apartments are tenanted with owners who purchased for investment purposes. Very few owners are present at the AGM and most decisions are made by proxy. I suspect that the complex manager handles a large majority of the rentals. Last year I raised an issue at the AGM concerning the storage of furniture, tools and household items in the underground basement garage and thought that it should not be allowed as I considered it to be a fire hazard. My objection was overridden by the majority present and I refrained from furthering my discussion as like many people I do not deal well with confrontation. On receiving the AGM minutes a few weeks later by e.mail, I noticed that my issue raised had not been recorded in the minutes. On later introspection I realized that the majority of owners who were being e.mailed the minutes were getting a "chocolate coated version" compared to the true events discussed. Is it legal for trustees to allow complex management to proceed with not disclosing full and correct information to owners who are out of town and trust that their properties are in good hands? What if there is a fire and it starts in the underground basement. Will insurance pay out when the original rules that were registered in 1996 clearly state that no hazardous items are allowed to be stored in the underground parking area. This clause has been removed from the amended rules. The same complex manager of 18 years is also the insurance broker providing the insurance schedule and probably earning a monthly commission. HOW DO OWNERS ASSURE THAT THEY ARE RECEIVING TRUE AND ACCURATE MINUTES FROM THE AGM.

Last Updated: Wednesday, September 07, 2016 12:58
Latest Posts General - In the two years of purchasing my apartment in a sectional title complex consisting of 50 apartments over three levels, the windows have never been washed. According to my knowledge of sectional title legislation the median line of the window divides the interior from the exterior and the body corporate is responsible for the maintenance of the exterior. On my appeal to the complex manager I was informed that the window washing was not the responsibility of the body corporate and the washing of my exterior windows would be at my expense. I was also told which company I was to use. Is this legal?

Last Updated: Wednesday, September 07, 2016 12:33
Latest Posts VISITORS ACCESS - I am so pleased to find your site. Thank you very much for making this platform available to the public. Two years ago I purchased an apartment in a sectional title scheme with 50 apartments. At the time of purchasing I was only concerned with how I would gain access and the manual remote I was provided with seemed sufficient. After settling in I realized that my remote would be the only means of access and there was no alternative form of access to the complex for my visitors. Please see my correspondence to the complex manager and her response: Hi XXXXX I have many concerns but my main issue of concern is the fact that my visitors do not have access to my section. My brother arrived very early on Friday morning from a long trip and decided to pop in for a visit unexpectedly. I was asleep in my pyjamas and he had to wait for 20 minutes at the gate so that I could proceed after a hot bath to go into the cold and rain to physically open the gate by remote. Similarly I have my food delivery service a few times a week struggling with access. This is totally unacceptable. I understand that most of the apartments facing the main road are able to activate the remote from their apartments to open the gate and are not inconvenienced, however the back row of apartments (25 apartments+) including mine do not have the convenience of remote access through their apartment windows. I have to physically leave my apartment, walk into the building, down the slipway and walk another 50 metres to the gate to grant access to my visitors. What if I am ill in bed or if I am incapacitated after a fall and call for help. How would the ambulance or doctor get into the building? I refuse to inconvenience my visitors by having to call the supervisor for access at my cellphone expense. This is not a boarding school or an old age home. May I please have the AGM Minutes pertaining to the special resolution allowing the removal of the intercom system? As far as I have been advised it is illegal to restrict reasonable access to homeowners and tenants. How was it decided that the intercom system should be completely removed and why was no alternative access such as cellphone remote access been considered? I have waited for a week without any response from you to my previous e.mail requesting the constitution and amended registered rules. I do hope that I will not have to wait as long for your assistance in this regard. Surely the requested information is available on file to provide to homeowners? Looking forward to your reply. REPLY: XXXXX With regard to the intercom system, a decision was made at the 2013 AGM to cancel the intercom facility as the monthly Telkom account (R279.00) did not justify the number of users (3). Furthermore the system was 15 years old, it was outdated and could not be upgraded. The general consensus at the AGM was that everybody has cellphones to enable people to contact them and for the owner to open via their manual remote. Furthermore a cellphone access system is not secured as the owner/tenant of the cellphone programmed, can open the gate from where ever he/she is to anybody requesting access. MY QUESTION: IS IT LEGAL TO DENY REASONABLE ACCESS TO HOMEOWNERS VISITORS I never received the requested minutes to see how the decision was formed and how many owners were present. At the 2015 AGM last year there were hardly any owners present because the majority of the apartments are tenanted and the owners are investment buyers who live out of our town and I can only assume similar for previous years meaning that most votes are by proxy. Our AGM is governed by a handful including the complex manager who has had full reign since development in the year 1998 and due to previous hostility I do not feel safe in raising my issues and concerns at the AGM. Your help would be greatly appreciated.

Last Updated: Wednesday, September 07, 2016 12:07
Latest Posts General - Hi, Please advise me or direct me to a legal advisor who can assist me. I live in a complex that has 7 units. Sectional title. I receive my monthly statement with my amount showing arrears. I notice an interest charge plus a electricity charge is more that the kw (units used) . How can I resolve this issue? Every month the electricity bill is charged more than the actual amount when I reconcile this. Can I do a full recon on the account and request that the credit off set the account. I own the unit I live in . So decision made I must also approve of them like the interest charge rates ect.

Last Updated: Tuesday, September 06, 2016 06:31
Latest Posts Levies - Hi First Special Levy was introduced and was payable within seven , I know PMR do not have period specified but seven days is not reasonable, Second _ Special levy was raised because some owners illegal modified there proprietors and now we must pay for drawing of a new structure as Municipality is suing the corporate. on there report it clear that 12 of 54 units acted illegal but we are jointly liable. Legal is it that owners acted illegal must pay ?

Last Updated: Tuesday, August 23, 2016 05:02
Latest Posts Removal of management rule without meeting, quorum, 80% present or unanimous vote - The trustees have removed a management rule without I feel going through the correct procedure of informing all owners, calling a meeting, having 80% of owners present and a unanimous vote. It is now being registered at the deeds office. Is it legal to do this ? If not how would it be challenged. I have emailed my disapproval to the managing agent, but have been told it is benificual to owners to remove this rule. Don't think it's beneficial to circumvent the law, owners and let the trustees decide what's good for us. There are other rules which, at least 30% of the owners would like to remove, but the trustees won't even look into, stating the law requires a meeting, 80% of owners present. Bit of a double standard. We don't really want the excessive costs of lawyers but would like to know, if it's law shouldn't it be enforced by whoever made the law, a government agency?

Last Updated: Friday, July 22, 2016 04:03
Latest Posts General - Hi there My husband and I bought a sectional title duplex off plan from developers a year ago. Now that it is nearing completion, it is evident that we have 4 man holes in our garden. Our adjacent neighbours in our street have none.We understand that our garden is common property in terms of the STA, but in terms of the CPA we feel we were mislead and not informed. Can they be constituted as encroachments? Many Thanks

Last Updated: Tuesday, July 12, 2016 02:45
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