legal advisory Archives | Sectional Title Solutions

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]

26 September 2024 Funding and Treasury, Legal and Advisory

The annual budget: your roadmap to financial stability

“I wonder which way I ought to go!” - Alice in Wonderland. Unlike Alice’s approach for a body corporate, its trustees, unit owners, and managing agents, managing a sectional title scheme making this type of crucial decision, requires careful financial planning.

14 September 2024 Community, Legal and Advisory

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?

10 July 2024 Funding and Treasury

Recovery of arrear levies: what is a Section 65 financial enquiry?

After judgment against an owner for arrear levies has been obtained, one of the critical steps in the execution process is initiating a Section 65 financial enquiry in terms of the Magistrates' Courts Act No. 32 of 1944.

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.

20 June 2024 Funding and Treasury

Financing options for community schemes

In Alice in Wonderland by Lewis Caroll, Alice asks the Cheshire Cat, “Would you tell me, please, which way I ought to go from here?”. The smiling Cheshire Cat responds, “That depends a good deal on where you want to get to.”

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").

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.

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