26 November 2024

The abstention dilemma: to count or not to count when voting?

In the complex world of sectional title management, even apparently straightforward aspects like voting procedures can spark lively debates among industry professionals. Recently, our Western Cape Regional Sales Manager, Brendon Levin, raised an intriguing question with us following a general meeting of a body corporate for purposes of borrowing funds.

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24 November 2024

From sink to sunk: how throwing the “kitchen sink" can fall flat in court

In legal disputes, there are moments when one party resorts to a “kitchen sink” approach, throwing a multitude of technical defences and procedural challenges at a case in hopes that something will stick and possibly delay the inevitable.

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18 November 2024 ,

Sequestration and judicial discretion

Dura lex, sed lex is a Latin phrase meaning “the law is hard, but it is the law”.[1] This legal maxim captures the principle that law must be applied and enforced, even when the outcome may be harsh or regrettable.[2] In Les Misérables, Victor Hugo explores this theme through characters like Inspector Javert, who embodies the unyielding rigidity of the law in contrast to the compassion often needed in justice.

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Trustee Indemnity
18 November 2024

Trustee troubles: Personal costs and indemnity

In sectional title schemes and bodies corporate, trustees occupy a critical role. They have to balance their fiduciary duties with the potential personal risks inherent in their position. These risks include financial risks.

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18 November 2024 ,

It’s just not cricket: cost orders against CSOS and its adjudicators

The 2019 Cricket World Cup Final between England and New Zealand was marked by an umpiring controversy that left a lasting impact on the cricketing world.[1]

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29 October 2024 ,

Understanding sectional title levies: A comprehensive guide for trustees and managing agents

In the world of sectional title ownership, levies are a critical financial mechanism that ensures the proper functioning and maintenance of shared spaces and facilities.

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29 October 2024 ,

Understanding levy statements and accuracy in sectional title schemes

In the realm of sectional title schemes in South Africa, accurate levy billing is crucial for maintaining financial transparency and fostering trust among owners. Levy statements, which outline the contributions required from each owner to support the scheme's financial health, can sometimes lead to disputes if they are inaccurate.

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23 October 2024 ,

Body corporate legal battle over construction defects

In Swahili, “Asante” means “thank you”, a common and heartfelt way to express gratitude in Swahili-speaking regions. It is appropriate in various contexts, from daily interactions to formal occasions. However, on 20 September 2024, it is unlikely that the Body Corporate of Asante used this expression of gratitude.

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26 September 2024 ,

The annual budget: your roadmap to financial stability

“I wonder which way I ought to go!” - Alice in Wonderland. Unlike Alice’s approach for a body corporate, its trustees, unit owners, and managing agents, managing a sectional title scheme making this type of crucial decision, requires careful financial planning.

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26 September 2024 ,

Building stronger communities: handling domestic violence in sectional title schemes

"Good fences make good neighbours." This famous line from Robert Frost's 1914 poem “Mending Walls” highlights the idea that clear boundaries help maintain harmony between people. However, as urban living evolves and people reside in increasingly close quarters, the metaphorical fences of Frost’s time seem to dissolve, exposing residents to new challenges. One of these challenges is dealing with domestic violence within sectional title schemes.

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