Legal and Advisory Archives | Sectional Title Solutions

man on the pphone with a final demand letter in his hand

26 June 2025 Legal and Advisory

Can trustees send final demand letters for arrear levies without owner consent?

In sectional title schemes, the issue of unpaid levies quickly becomes a point of friction. But one question that often arises from owners, especially those on the receiving end, is this: “Can the trustees send final demand letters without the owners’ approval?”

24 June 2025 Legal and Advisory

When gardens and garages collide: who pays for the leaks between exclusive use areas

What happens when a lush exclusive use garden - neatly landscaped and lovingly maintained - sits directly above someone else’s exclusive use garage… and water starts seeping through? That is the problem facing a group of trustees who recently contacted us for help. In their scheme, Exclusive Use Area (EUA) gardens have begun leaking into EUA garages below. The repairs including removal of the gardens, re-waterproofing, and reinstatement are estimated to be close to R1m.

21 June 2025 Legal and Advisory

Pergola politics

In many older sectional title schemes, life outside your front door can be trickier than you’d expect. You’re not just upgrading a pergola for example - you’re weaving your way through a maze of legislation, body corporate politics, sectional plans and draft sectional plans of extension, participation quotas and variations of them, and a whole lot of “he-said-she-said” at AGMs.

27 May 2025 Legal and Advisory

Double trouble: understanding dual management, HOA's and bodies corporate

Can a single property fall under the management of both a Homeowners’ Association (HOA) and a Body Corporate (BC)? And more to the point — can an owner be required to pay levies to both?

27 May 2025 Legal and Advisory

Can trustees appoint a managing agent without owner consent?

In community schemes, the appointment of a managing agent can spark debate, especially when owners feel they weren’t consulted or informed. We often receive queries from owners asking whether trustees are allowed to appoint a managing agent without engaging the owners.

24 April 2025 Legal and Advisory, Solar and Efficient

Plugged in and playing by the legal compliance rules: when sectional title schemes go solar

Switching to solar is a smoother journey for some than for others. For those living in sectional title schemes, the road can be complex: entangled in a web of legal requirements and compliance hurdles that must be carefully navigated.

23 April 2025 Funding and Treasury, Legal and Advisory

Can trustees increase levies without owner approval?

Levy increases are never popular, especially when they appear to arrive without warning or proper explanation. One of the most common concerns we hear from owners is this: “Can our trustees increase levies without asking us first?”

20 April 2025 Legal and Advisory

No AGMs for two years? Why that’s a serious problem in sectional title schemes

We recently received a concern from an owner whose body corporate hadn’t held an AGM in over two years. This isn’t just inconvenient, it’s a breach of legal requirements, and it leaves owners in the dark about the financial health and decisions of their scheme.

24 March 2025 Legal and Advisory

"Who do you think you are?" – the perils of misclassified identities for community schemes

“Disguise, I see, thou art a wickedness.”[1] This line from William Shakespeare’s Twelfth Night perfectly encapsulates the unintended chaos that follows when identity is misunderstood or misrepresented. Like Viola, who adopts the guise of Cesario and inadvertently creates romantic confusion, emphasising the fluidity of perception, the community schemes in this case faced the complications of being treated as something they believed they were not.

19 March 2025 Legal and Advisory, Water Management

Implementing water solutions the right way

With South Africa's ongoing water challenges and the increasing strain on municipal water infrastructure, adopting effective water-efficient strategies is essential. Many community schemes are exploring alternative water solutions which can offer numerous benefits, from water security to cost savings.

Legal and Advisory