14 September 2024 ,

Where to go for community scheme disputes: CSOS or court? Pick your battleground

At the second CSOS Indaba held at Bolivia Lodge, Polokwane, STS Chief Legal Officer Fausto Di Palma explored a critical question: Should community scheme members take disputes to CSOS or the courts first?

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29 August 2024

What is the difference between an HOA, a body corporate, and a sectional title scheme?

If you’re thinking about buying a property in South Africa, or if you already own one within a community scheme, it’s crucial to understand the different governance structures. Navigating the world of property ownership can be challenging, especially when you’re dealing with community living arrangements. “Homeowners association”, “body corporate”, and “sectional titles” are three terms you’ll often hear thrown around.

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25 July 2024

The importance of good governance and accurate record keeping in sectional title schemes

Effective record keeping is crucial for responsible property management in sectional title schemes. It ensures compliance with legal regulations, fosters transparent communication, drives efficient decision-making, and ultimately contributes to the overall well-being of a scheme.

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Recovery of arrear levies: an overview of executing judgment debts in terms of The Magistrates' Courts Act No 32 Of 1944

As trustees who have recently obtained a judgment against an owner in respect of arrear levies, you may be considering how to effectively enforce this judgment. STS receives numerous queries on a regular basis regarding the recovery of arrear levies, which can be a complex process, especially after obtaining a court judgment.

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25 June 2024

What is ratification?

 Albert Einstein once said “Everything must be made as simple as possible. But not simpler."  Legal terms can often be overwhelming and challenging to interpret. One of our objectives at STS is to nurture and encourage growth and development within the communities we service.

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Trustee and arrear levy lifelines

In today’s economy, managing a body corporate is more challenging than ever—just ask the trustees! Effective financial management is critical for any sectional title scheme, yet many bodies corporate find themselves in a cash flow deficit.

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Arrear levy collection reports: A checklist on what to include in the initial "hand over" instruction to attorneys

In continuation of our efforts to empower community scheme managers with essential knowledge for effective arrear levy collections, this blog post serves as a follow-up to our previous discussion on common legal terms used in collection reports. Building upon the foundation laid in that post, we delve deeper into the practical aspects of instructing attorneys for arrear levy matters.

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Common legal terms used in collection reports

A community scheme will usually instruct a firm of attorneys or a collection agent to handle its arrear levy collection matters. It is important that Managing Agents and Trustees understand the process involved so that they can make decisions and give further instructions as the matters proceed (as well as be able to answer questions at the next AGM).

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20 April 2024

Understanding bodies corporate and contractual capacity: a layperson’s guide

Bodies corporate are separate legal entities which are automatically created, in terms of section 2(1) of the Sectional Titles Schemes Management Act[1] (“STSMA”), once any person other than the property developer becomes an owner of a unit within the Sectional Title Scheme (“scheme”).

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When it’s urgent, who do you call and how? The trustees' resolution to call a Special General Meeting on an urgent basis

When determining the required notice period for a general meeting, the starting point should be to determine what business the body corporate seeks to conclude in the general meeting.

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