Legal and Advisory Archives | Page 5 of 8 | Sectional Title Solutions

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").

Three people in a meeting with one man looking angry

25 October 2023 Community, Legal and Advisory

Conflict resolution tips for trustees in sectional title schemes

Sectional title schemes are communities of property owners who share common spaces and responsibilities. This can lead to conflicts and disputes over issues such as maintenance, noise, levies, alterations, and common property use.

13 October 2023 Legal and Advisory

The SCA clarifies a Unit Owner’s legal standing to launch action on behalf of the Body Corporate

The question arises: Can a sectional title owner litigate in their own name for repayment to the body corporate of funds allegedly unlawfully paid from the body corporate’s bank account? The Supreme Court of Appeal (SCA) confirms “no”.

27 September 2023 Legal and Advisory, Uncategorised

Retirement property options in South Africa

South Africa is undergoing a significant demographic shift, with an ageing population expected to reach approximately 16% of the population over 60 by 2050.

A group of people around a boardroom table.

19 September 2023 Legal and Advisory, Uncategorised

Eight valuable lessons for body corporate trustees from the King IV report

The King IV Report on Corporate Governance for South Africa, 2016 (“King IV Report”) is a set of voluntary principles and practices that provide a framework for good governance. Many organisations widely adopt these principles, including sectional title schemes, to enhance their governance standards and promote trust among stakeholders.

A smiling senior couple looking at a laptop.

5 September 2023 Community, Funding and Treasury, Legal and Advisory, Outdoor, Smart Technology, Solar and Efficient

Solutions to help your retirement community thrive

At Sectional Title Solutions (STS), we are dedicated to helping community schemes thrive by reducing costs, increasing property value, generating income, and promoting eco-friendliness.

Two men and a woman wearing hard hats and safety vests in front of a TLB

8 August 2023 Legal and Advisory

Occupational Health and Safety in community schemes – a follow-up

In our previous article on occupational health and safety in community schemes, we explored the obligations of community schemes acting as employers or clients.

Star wars lego characters surrounding a nervous looking character behind a desk

2 August 2023 Legal and Advisory

Leveraging Levy Clearance Certificates

Obi-Wan Kenobi in Star Wars: A New Hope said, "Remember, the Force will be with you, always." He was a legendary Jedi Master and gifted in the ways of the Force.[1]

A hard hat and safety equipment in front of construction scaffolding

4 July 2023 Legal and Advisory

Occupational Health and Safety in community schemes

Scheme executives of community schemes hold significant responsibility in ensuring compliance with the Occupational Health and Safety Act (OHS Act) and its Regulations. However, the extent of their obligations and duties requires careful examination of the specific capacity in which the community scheme operates in different scenarios.

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