Legal and Advisory

Can an owner or tenant run a business from their section in a sectional title scheme?

Is your community scheme POPIA compliant?

For trustees and managing agents, staying POPIA compliant is no longer just about best practice. It’s a legal obligation, and with the new regulations, fines, stricter procedures, and expanded rights for data subjects are now firmly on the table.

The ins and outs of paying CSOS levies, and why it really matters

If you live in a complex, estate, block of flats, or any other kind of community scheme in South Africa, you’ve probably heard of CSOS (the Community Schemes Ombud Service). But what exactly is it, and why are you paying them a levy?

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?”

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.

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.

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?

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.