Legal and Advisory Archives | Page 2 of 8 | Sectional Title Solutions

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.

A smiling lady with headphones behind a laptop

3 January 2025 Community, Legal and Advisory, Update

Sectional title education is crucial for the homeowner community

For most people, their home is their biggest and most important asset. However, unlike other big assets, the sectional title home tends to be the least researched and understood asset prior to purchase.

18 December 2024 Legal and Advisory

Do banks have a responsibility for levy contributions? A South African perspective

In the state of New South Wales (NSW), Australia, legislation imposes specific responsibilities on banks and other financial institutions, when they take possession of sectional title units (referred to as ‘strata lots’) after foreclosure.[1]

26 November 2024 Legal and Advisory

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.

24 November 2024 Legal and Advisory

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.

18 November 2024 Legal and Advisory, Update

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.

18 November 2024 Legal and Advisory

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.

18 November 2024 Legal and Advisory, Update

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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