Legal and Advisory Archives | Page 6 of 8 | Sectional Title Solutions

A confused looking man in a suit scratching his head

12 February 2023 Legal and Advisory

Disconnecting the dots - cutting off electricity and/or limiting water supply to a unit due to non-payment

Disconnecting the electricity, or limiting the water supply of a unit owner or occupier for failing to pay their consumption charges for that electricity or water has never been easy. The law is far from certain as to when this is and is not enforceable. Some applications are granted, and some are not, whether opposed or unopposed.

26 January 2023 Legal and Advisory

New changes ushered in the new year for the Sectional Titles Act

President Cyril Ramaphosa signed the Sectional Titles Amendment Act 13 of 2022 into law on 22 December 2022. The Act was published in the Government Gazette on 5 January 2023, and also came into effect on that date. Click here to access the new version of the Sectional Titles Act 95 of 1986 (“the STA”), with all of the amendments.

Antique books in a library and a gavel on a table

19 January 2023 Legal and Advisory, Update

Comprehensive commentary on CSOS appeals

In Part 1 of this commentary, we set the scene by laying out what s 57 of the Community Schemes Ombud Service Act 9 of 2011 (“the CSOS Act”) provides in respect of the limited right to appeal against CSOS adjudication orders.

24 November 2022 Legal and Advisory, Vlog

An aid to “process-in-aid” – high court applications to execute on immoveable property using a Magistrate’s Court order

As a judgment creditor, it is not impossible to obtain High Court orders to enforce, or execute on, a court order originating from a Magistrate’s Court. Oftentimes, it is preferred to execute Magistrate’s Court orders in the High Court because it is “more efficient” and “less technical”.

6 October 2022 Legal and Advisory

Obtaining a special resolution is not rocket science

It’s best to pay attention or you can fail on technicalities. A special resolution could only be successfully passed if the prescribed procedures were followed, and the appropriate majorities voted in favour of the resolution.

15 September 2022 Legal and Advisory

10-Year Maintenance Plan: wasted opportunity or meaningful exercise?

Many bodies corporate have a 10-Year Maintenance Plan but then simply use it as a tick box exercise. Even if the development of the plan is done with adequate participation and intention, the plan is often not properly implemented. That makes, what can be a very useful tool, an absolutely wasted opportunity.

25 August 2022 Legal and Advisory

Court finds withholding levies = grasping at straws

Most of us know that purchasing a unit in a community scheme would require the payment of levies. However, a defaulting unit owner attempted to justify the withholding of levies and contested the interest charged on the arrear amounts in a recent Western Cape High Court case. The court found that the defendant’s arguments amounted to “grasping at straws”.

30 June 2022 Legal and Advisory, Update, Vlog

Executive Managing Agents for community schemes

When the Sectional Titles Schemes Management Act came into effect in October 2016, it introduced and made provision for a new role; the Executive Managing Agent (EMA).

26 May 2022 Legal and Advisory, Update

Ratifying community scheme resolutions — who has the power?

The full bench decision (three judges) of the Pietermaritzburg High Court, in the case of Derby Downs Management Association v Assegaai River Properties (Pty) Ltd and Another (the Derby Downs case)[1], is interesting for a quite a few reasons.

A group of people meeting around a boardroom table

26 May 2022 Legal and Advisory, Update, Vlog

Demystifying the various types of resolutions in community schemes

Let's face it, complying with all the relevant legislation and community scheme governance documentation is anything but child's play. For example, the different types of resolutions and requirements in the sectional title industry can be downright mystifying! In this video Maryna Wiesner, STS Group Company Secretary and former Legal and Education Specialist, unpacks the various types of body corporate resolutions in detail.

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