Legal and Advisory Archives | Sectional Title Solutions

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.

21 February 2025 Legal and Advisory

Transparency in body corporate finances

The question of whether the Promotion of Access to Information Act[1] (“PAIA”) applies to a unit owner’s request for financial information from a body corporate has been a contentious issue in the industry for a few years now, marked by conflicting interpretations and considerable debate.

22 January 2025 Legal and Advisory

A Property Practitioner’s Guide to FICA

Are you, as a Property Practitioner, aware that you could be an Accountable Institution? Are you compliant with FICA? It may seem daunting and overwhelming to know where to start, but don’t worry we’ve got you covered. Below is a guide to assist you to ensure your compliance.

20 January 2025 Funding and Treasury, Legal and Advisory

Is a body corporate protected from prescription of levy debts owed by its members?

The issue of whether a body corporate is shielded from the prescription of levy debts owed by members continues to be debated in the legal arena, with significant implications for sectional title schemes.

Legal and Advisory