Legal and Advisory Archives | Page 4 of 8 | Sectional Title Solutions

25 June 2024 Funding and Treasury, Legal and Advisory, Webinars

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.

28 May 2024 Funding and Treasury, Legal and Advisory

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.

23 April 2024 Funding and Treasury, Legal and Advisory

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).

20 April 2024 Legal and Advisory

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”).

27 March 2024 Funding and Treasury, Legal and Advisory

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.

25 March 2024 Funding and Treasury, Legal and Advisory

Who foots the bill?

Some of the main reasons people invest in property in community schemes are the convenience and cost-effectiveness of shared responsibility and costs. However, who pays for what maintenance and repairs also result in some of the most heated debates regarding sectional title schemes (“schemes”).

22 January 2024 Legal and Advisory

Furry friends or foes? Deciphering pet regulations in community schemes

The multiple facets of pet ownership require careful consideration before an owner introduces their pet into a residence within various sectional title schemes, as this issue has frequently sparked disputes among owners (members), tenants, and bodies corporate.

11 November 2023 Legal and Advisory, Smart Technology

Ensuring compliance of your scheme’s video surveillance to the POPI Act and privacy laws

Security is one of the biggest concerns of owners and tenants living in or looking to buy into a sectional title scheme. With this concern in mind, more and more schemes are looking to install video surveillance systems, not just at access points but also on the common property.

8 November 2023 Legal and Advisory

The power and effect of the levy clearance certificate: preserved by the SCA

In the complex arena of sectional title law, the recent Supreme Court of Appeal judgment in the case of Body Corporate of Marsh Rose v Steinmuller and Others has cast a spotlight on the pivotal role of the “embargo provision” as outlined in the Sectional Titles Act 95 of 1986, and why it must be protected and its power preserved.

Legal gavel with a person with a pen in hand pointing to a document

25 October 2023 Legal and Advisory

Eskom’s mistake – not giving proper notice

In a recent legal case, the Johannesburg High Court handed down a verdict against Eskom Holdings SOC Ltd ("Eskom") in the De Koker v Eskom Holdings SOC Ltd and Another[1] case. This case sheds light on the importance of providing proper notice when disconnecting electricity in sectional title schemes and the implications of the Promotion of Administrative Justice Act ("PAJA").

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