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Sectional Title Article
How to deal with Levy Non-Payers
Friday, May 29, 2015 08:00 | Views : 1091
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 : 1163
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 : 1299
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 : 1278
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 : 1459
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 : 1540
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 : 1814
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 : 2037
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 : 2543
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 : 2286
When considering insurance for community living, most people only think of Sectional Title Sche Read More »
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       Latest Posts
Latest Posts Dogs vs BC - Dear Sectional Forum, I have recently received a letter of demand to remove one of my cats within 14 days or else the managing agent will go to arbitration etc. I don’t know who to ask for help on the matter besides you guys. I know you know the law very well and all the loop holes. Would you be able to assist me with advise perhaps? Its relating to a matter of my cats. I have all proof that their conduct rules and what they refer to as “valid points” for me to get rid of my one cat is invalid as has not caused any problems so far like other units cats. Yet I am now brushed over the same brush and has to get rid of her. I have googled and looked up all avenues yet they still adamant that I have to get rid of her in 7days or they will start with arbitration etc. From what I know they have a very flimsy foot to stand on but yet they don’t realise it yet. I need to throw them now with the correct legal terms and proper manner of addressing the matter. I received from Managing agent to remove my cat and a reply to an email I gave a copy to the Chairman that I told him was going to be sent to all trustees and woodland owners. He scheduled a meeting with my fiance and asked that I not send it yet as they will discuss it at their at their meeting on Monday. I received the reply yesterday which is hogwash to me. Also the Last trustee meeting minutes where they instructed the managing agent to send the letters. At our last AGM it was concluded that we will have 4 trustees and from my knowledge a meeting can only proceed when there is a quorum of 75% (3 People in our case), else they cannot proceed or make any decisions. Furthermore I have proof that for some time now they have been running with meeting with only 3 people without the 4th trustee remember putting in any apology for not being there. Which raise the question has she resigned and if yes why this not has been put forward to the owners and why has there not been an election called for a replacement to fill the 4th position as stipulated in AGAM. This alone is proof to me that I can somehow nail them somewhere with my cat letter stating they cannot enforce rules on me if they not in accordance with the rule decided at an AGM. They keep claiming that I have not notified them of my kitten replacing my older cat that passed away. I never saw this as a problem as the conduct rules never state that a unit that has two cats registered cannot replace that animal if it’s lost or passed on. On the 27th of July the managing agent confirmed receiving my pet registration form send on the 17th July to them for my two cats. Shortly after that my Bubbleloo passed away and I adopted in august the kitten. Furthermore the Chairman has been in my garden and house on numerous occasions since we got BubbleBella. He saw her, he touched her and we spoke about her. Yet at no time until now has he said anything or discussed it with us. Furthermore he told Morne at their meeting that he was overruled (he stated he voted yes that I can keep kitten and has no problem with it) at the meeting of the 25th Sept with 75% voting of other trustees to go ahead with the summons letter to me and unit 20. Yet I only see two trustees present at this meeting. That is not legal? I would not have accepted this Conduct Rules at the AGM if I knew it state that owners with registered pets are not allowed to replace them. The overall understanding was that NO NEW cat policy will be followed should someone apply who never had permission or new owners or rentals. Please I need your assistance to tackle this in the correct manner and fight it properly. I am trying to find a lawyer who deals with these kinds of cases but it’s a slow process. I will pretty soon request a meeting with the trustees to tackle to fact them not keeping to the rules of the agreed AGM meeting as I feel that they need to know it’s not legal and if I go with this to the owners we can argue “vote of no confidence” against them. I feel that the Chairman is spineless and is not applying the rules equally to owners with car or the way he and his trustees are managing on the board. I have pointed out several loopholes in the conduct rules and also violations by the trustees. I feel that neither the Chairman nor the trustees are impartial or cable of running the complex and the rules properly. I would appreciate if you can reply and let me know where I can email you details of the conduct rules, letters I have send them and received from them and their violation of the trustee meetings. I hope you can somehow assist me. Kind regards Juanita

Last Updated: Thursday, October 27, 2016 08:53
Latest Posts Dogs vs BC - Please help. I live in a complex that allows pets. The rules stated that only 1 dog is allowed- I contacted the chairman prior to moving in, after purchasing the property, to find out if I could move in with my 2 dogs, and I was told that I could have more than 1 dog (no upper limit was stated), provided there were no problems. When purchasing this property I was not informed that the monkeys and rats are particular problem. Subsequently, my Pekingese was killed by monkeys, and the rats have chewed through my burglar alarm wiring, requiring at last 2 repairs at my own cost, and they have chewed through my car wiring, leaving me without lights. I have to arrange for pest control on a regular basis. Had I been informed beforehand about these problems, I would definitely not have bought this place. To protect myself from both the monkeys and from the rat invasion, I bought a 2 big dogs. The neighbours then started complaining that my dogs are making a noise and disturbing them- one particular neighbour took to phoning and texting me at all hours of the day, at home and at work. Each time I agreed to sort the problem out, but I feel that no matter what I do, this particular neighbour will not be satisfied. I extended my bond to fence my property so that my dogs don't leave the property and disturb them, I tie my dogs at the back of the property at night so that the sound does not disturb her, and the main barking dog I allow to sleep in the garage, but still this resident complains. Things became very ugly when I was called frantically at work by 3 of them because they saw my dogs mating and the dogs got into a fight- they demanded I come home to sort out my dogs because they are upset by the sight of fighting dogs. I work in ICU, was busy with a dyin patient and told them that I will not leave work- if the sight of my dogs fighting upsets them, they must go back into their homes, or call the SPCA as they keep threatening to do. At which point they called the SPCA to inspect me for treating my animals cruelly. The inspector from the SPCA came over, and was quite impressed with how well I look after my dogs, at their health and at how well they are looked after. I wrote a letter to the chairman (who by the way, was dating the person who is forever complaining about my dogs) stating that I fail to understand how only my dogs affect this particular neighbour- my house is the furthest from her and I find it odd how she can only hear my dogs barking, when the people on either side of her have dogs that bark. She herself has 2 dogs that not only bark whenever people walk past, but also run out of her yard. I also pointed out that despite the rules stating that the driveway is not to be used for exercise, one of the residents exercises on the driveway, walks up to my gate, thus setting off my dogs, and they complain! I feel that these residents are picking on me and are harrasing me. The Chairman of the body corporate does not apply the rules equally- I pointed out several violations of the body corporate rules by every member residing in the complex, including his girlfriend, which he refuses to act on. Instead, his girlfriend complains constantly about my dogs, regardless of the measures I take to ensure that they do not disturb the residents. Can you give me advice on what to do? I do not feel that the Chairman is capable of being impartial.

Last Updated: Wednesday, October 19, 2016 11:52
Latest Posts Who is responsible for Security at our sectional title complex. - One of the residents in my complex had a break-in. from what I can ascertain, jewellery was stolen from her safe- in my opinion, a very directed theft that only an insider would be aware of. The residents had a meeting to discuss the issue- I did not attend this meeting. They want to clear forest which I object to because I bought the place precisely for the surrounding forest. The members decided that for this, they will charge all of us a special levy. What are my rights in this regard? Can I refuse to pay if they are going to ruin the beauty of the place?

Last Updated: Wednesday, October 19, 2016 11:27
Latest Posts Legal advice - neighbour problems - Hi there. I'd like to know if any action can be taken against a neighbour who is accusing her next door neighbours of being Nazi's. She has written a note and put it on her front door for them to see, as well as others in the complex. I have taken a picture for proof. She has had a problem with these neighbours for years as she complains they make too much noise. The woman can't even cough without a complaint. I would really appreciate some advice. Many thanks.

Last Updated: Tuesday, October 18, 2016 12:19
Latest Posts General - CSOS Regulation Hi All, has anyone started submitting forms for the CSOS Registration? Any help will be much appreciated. LM

Last Updated: Tuesday, October 11, 2016 05:32
Latest Posts General - TOTAL AMOUNT OF PALISADES X PQ / 100 / 12

Last Updated: Tuesday, October 11, 2016 05:31
Latest Posts Budget - CSOS Regulation Hi All, has anyone started submitting forms for the CSOS Registration? Any help will be much appreciated. LM

Last Updated: Tuesday, October 11, 2016 05:28
Latest Posts Levies - Can somebody assist with advice, we have recently bought land from an estate and were told we have to pay levies from the time of the property being registered.unfortunately because of unforeseen circumstances nces we couldn't pay but made arrangements to settle the full amount once we receive finances from one of the property sold which took the normal 3 months to go through, but now the sad thing is upon paying a lump sum towards the levies we were then told we need to pay over R10k for legal costs even though we made arrangenents to pay, what's even worse is that we haven't even started building and already we have legal costs to pay, can somebody tell us what's our legal stand point considering the fact that we have not taken occupancy and we made arrangements to pay with the body corporate. Tx

Last Updated: Thursday, October 06, 2016 04:49
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
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