Sectional Titles

The January digital newsletter for the sectional title community deals with quorums, swimming pool insurance and establishing a HOA.

Confusion exists as to whether a person can hold more than two proxies or not.  The simple answer is yes.

Issue Number 39 of MCS Courier contains many interesting articles about sectional title such as the value of good governance and a checklist for levy determination.

Anton Kelly discusses the potential problems and solutions to the incorporaton of old buildings into new residential sectional title schemes.

Allen West submits that developers cannot subdivide, consolidate or extend any section, or add to the common property, before the establishment of the body corporate.

A query about RCR 46 of 2010 regarding the issuing of Home Owner Association consents in forced sales and charging therefor.

Jennifer Paddock discusses who may sign what documents on behalf of a body corporate and why.

An owner is not entitled to withhold levies to set-off a debt she believes is owed to her by the body corporate but to use arbitration or litigation, writes Jennifer Paddock.

Corrie de Jager revisits the importance of complying with legislation governing fractional ownership in the light of current rumours about possible mismanagement of funds.

Allen West discusses the mechanism to extend the period in which a right of extension must be exercised and which supporting documents must be lodged with the Registrar of Deeds.

Despite section 36 being unambiguous, in practice a fair amount of uncertainty prevails as to the date of establishment of a body corporate by its members. So when is it established, asks Allen West?

Anton Kelly looks at an unusual and interesting situation where there are schemes within schemes and how to go about changing the share of the levy contribution.

The June free digital newsletter with its usual high quality content for the sectional title community was published last month.

Allen West submits that registrars must enforce, by disallowing bond registration, the mortgaging of exclusive use areas when their section is mortgaged. 

Anton Kelly looks at the termination of a managing agent’s contract when owners are unhappy with the quality of the service provided.

Jennifer Paddock discusses the finer points of the implications of breaking rules in a sectional title complex.

The August digital newsletter with its usual high quality content for the sectional title community deals with units in continual disrepair and ritual slaughter.

Graham Paddock writes about the various ways of resolving sectional title disputes with an emphasis on arbitration measures. 

Anton Kelly looks at how an owner of a sectional title unit goes about erecting a carport over a parking bay.

The November digital newsletter for the sectional title community deals with disclosing member contact details, material damage and property liability. 

The December free digital newsletter for the sectional title community has been published.

The January free digital newsletter for the sectional title community has been published.

Alexandré Lombaard looks at reserving the right to extend in terms of s 25(6A), RCR 45/2007 and the position of "developers" of portions of the real right.

Issue Number 36 of MCS Courier contains many articles of interest to the sectional title industry.
 

The April free digital newsletter with its usual high quality content for the sectional title community was published recently.

The May free digital newsletter with its usual high quality content for the sectional title community was published recently.

The Sectional Tiles Amendment Bill, No. 14 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act.

Nkuba Ngoashend gives an example of confusion caused by a fully exercised right of extension with open bond endorsements.

Clint Riddin unpacks with examples the debate of the treatment of capital expenditure in the books of a body corporate.

Thabo Nqhome responds and has some suggestions to obviate the cost and negative impact referred to in last week's article Confusion.

Roelie Rossouw argues that Conference Resolution No. 2/2009 should be recalled as it will lead to time delays, increased legal costs and slow the building of affordable housing.

Thabo Nqhome argues that Registrars' Conference Resolution No. 2 of 2009 correctly interpreted Zondi J's judgment in the Dolphin Whisper decision.

Thabo Nqhome argues that there is no requirement anywhere in the Sectional Titles Act for a sectional plan to be submitted to the SG once buildings have been erected.

Allen West draws our attention to further case law and more authority in substantiating the reasoning behind the drafting of RCR 2 of 2009, and sounds a warning.

The September free digital newsletter with its usual high quality content for the sectional title community was published earlier this month.
 

Johann Strauss asks some pertinent questions about the intention of the legislator where value is added to units and the owners support the changes to be made.

Issue Number 37 of MCS Courier contains many articles of interest to the sectional title industry.
 

Jennifer Paddock looks at the factors which need to be considered when an owner wants to enclose his balcony.

Thabo Nqhome argues that any interpretation in which a deviation from s 25(2) of the Sectional Titles Act is permissible under s 25(13) is fraught with serious problems and indefensible.

Allen West discusses the different documentation required when converting a share block scheme into a sectional title ownership scheme.

Issue Number 38 of MCS Courier focuses on the doings of managing agents, the challenges, problems and, hopefully, some solutions; and hijacking an AGM.
 

Brian Agar offers an alternative interpretation to the application of s 24(6)(d) of the Sectional Titles Act - extension of schemes.

The January ad hoc free digital newsletter for the sectional title community has been issued.

A 3 day new short course on sectonal title property development is to be presented in Johannesburg.

Mr Michael Gregory will be presenting an intensive sectional title workshop under the auspices of L.E.A.D.

The April ad hoc free digital newsletter for the sectional title community has been issued.

Are share blocks old hat or a resurgent fashion asks Tertius Maree?

Corrie de Jager notes with concern the current tendency to promote, so called "fractional ownership" sales as something other than time share or share block sales.

Jennifer Paddock explains the law applicable to special levies so that you can be armed next time one is raised by the trustees in a scheme.

The May ad hoc free digital newsletter for the sectional title community has been issued.

Jennifer Paddock discusses the circumstances under which owners and trustees may be disqualified from voting in sectional title meetings.

Prof Graham Paddock and Anton Kelly look at implementing decisions to alienate a part of the common property.

Thabo Nqhome has an alternative to the suggestion made by Graham Paddock and Anton Kelly about resolutions taken in terms of section 25.

Jennifer Paddock outlines the process of raising general levies in sectional title schemes.

After some time MCS Courier is back on track with many articles of interest to the sectional title industry.

The September free digital newsletter for the sectional title community has been published.

Jennifer Paddock outlines steps to be taken by trustees and managing agents against levy defaulters.

The January ad hoc free digital newsletter for the sectional title community has just been issued.

An interpretation by George Tsotetsi of section 4(2) of the Sectional Titles Act 95 of 1986.

The January ad hoc free digital newsletter for the sectional title community has just been issued.

The April ad hoc free digital newsletter for the sectional title community has just been issued.

Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.

Judith van der Walt highlights the importance of having a knowledgeable managing agent of sectional title buildings.

Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.

Marie Grové looks at matters concerning the couching of a waiver of preference in a sectional bond.

The July ad hoc free digital newsletter for the sectional title community has just been issued.

The May ad hoc free digital newsletter for the sectional title community has just been issued.

The August ad hoc free digital newsletter for the sectional title community has just been published.

The September ad hoc free digital newsletter for the sectional title community has just been issued.

The October ad hoc free digital newsletter for the sectional title community has just been issued.

The November ad hoc free digital newsletter for the sectional title community has just been issued.

A discussion in the November Integritax Newsletter of SARS guidelines for fractional ownership structures.

Sectional Titles Online (STO), a web site dedicated to providing everyone involved in sectional titles with free information, was launched recently.

The problem of payment provisions for disputed sectional title debts when wishing to sell is examined by Roland Darrol.

Tertius Maree asks, "Are bodies corporate bound by pre-incorporation agreements entered into by developers?"

Paddocks learning is to run a ten week Internet based sectional title course for estate agents.

Sectional title owners must stand together to protect their rights in Cape Town, writes Graham Paddock.

Joseph Maluleke looks at the liability of a usufructuary for payment of arrear levies in a sectional title scheme.

An ad-hoc free digital newsletter for the sectional title community.

A check-list for the extension of a sectional title scheme in terms of section 25 of the Sectional Titles Act.

The June ad hoc free digital newsletter for the sectional title community has just been issued.

The second Sectional Title Specialist Realtor certificate course from UCT and Paddocks Learning is to begin in August.

The desperate state of affairs of a 10-storey Durban block of flats was likened by a Durban High Court judge on Wednesday to the situation in Zimbabwe.

The August ad hoc free digital newsletter for the sectional title community has just been issued.

Allen West provides a check-list for the subdivision of a section.

Warren Hamer considers problems with lapsed real rights to extend in terms of Section 25.

The November ad hoc free digital newsletter for the sectional title community has just been issued.

Patrick Maybin discusses the amendments to management rules as per Government Notice No R1109 of 18 November 2005.

Russell Warner corrects some misconceptions about the Sectional Titles Amendment Act No 7 of 2005.

Alexandré Lombaard ends her discussion on the subdivision of common property in a sectional title scheme.

Do you trust your trustees?

The memorandum on the objects of the bill has been reproduced here for easy reference.

Corrie de Jager has some real concerns about real rights in this illuminating article.

Fines on overdue sectional title levies are legal according to a recent magistrates' court case in Bloemfontein.

Thabo Nqhome comments on uncertainty surrounding the lodgement of consent from Home Owners Associations.

The latest issue dealing with sectional title issues by Tertius Maree.

Phased sectional title developments can cause registration difficulties especially when one tries to register a single mortgage bond over a unit and an exclusive use area created in different phases.

Who is responsible for a council's revalued rates once a sectional title development has been transferred to the new unit owners?

Proposals for a planned Community Scheme Ombud Service law were debated at a two-day conference in Stellenbosch recently.

Discussion by Allen West about the need to amplify the definition of an exclusive use area.

Consultants have been appointed to develop new sectional title legislation for the administration and management of sectional titles.

Scores of buildings in Johannesburg have been abandoned by their owners who have been unable to collect rent and yet owe millions for municipal services.

More than 700 000 South Africans live in sectional title complexes and they need to know what this entails.

Proposed changes to Sectional Titles legislation could open the doors to possible abuse of exclusive use areas.

Lizelle Kilbourn pens some comments on the proposed amendments to the Sectional Titles Act, as contained in Bill 10B of 2005.

John Christie has suggestions for a better procedure for dealing with exclusive use areas in terms of s 27 of the Sectional Titles Act.

George Tsotetsi writes in the SA Deeds Journal on Section 13 of the Sectional Titles Act, 95 of 1986 and the examination of deeds.

Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.

Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.

A dispute over a tree, among other things, goes all the way to the supreme court of appeal.

George Tsotetsi tries to clear up misconceptions about the application of Section 15B(3) of the Sectional Titles Act.

Tertius Maree applies existing legislation to model acceptable administrative structures for complex owners' associations.

Tertius Maree on amendments which affect standard management rules (MRs).

Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.

The "Geovy Villa" judgment, regarded as a breakthrough for sectional title bodies corporate struggling to recover levy arrears, has been overturned by the Appeal Court.

Yesterday (10 March) saw the opening rounds in the Constitutional Court regarding the fairness of holding landlords jointly responsible for municipal services debts incurred by the tenants of their properties.

In an attempt to solve sectional title disputes the land affairs department is to investigate the feasibility of introducing a sectional titles ombudsman.

Is an R800 fee charged by a body corporate for a levy clearance certificate excessive?

I have had feedback from Sapoa regarding the Sectional title confusion article. A report from their consultant which will shortly be considered by their specialist committee, expressed the following views.

Transfers of portions of a right to extend by the developer in terms of Section 25(4)(b) of the Sectional Titles Act 95 of 1986 by O V Wade.

Section 37(2) of the Sectional Titles Amendment Act continues to "cause consternation amongst key players in the industry".

Maureen de Bruyn on the issue of sectional titles copies in terms of regulation 68(1) - from the SA Deeds Journal.

Sectional title trustees and managing agents have a responsibility to ensure that the insurance premiums for their schemes are paid.

The conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.

Does a sectional mortgage bond have to be lodged for endorsement in respect of the release of a portion of the common property being transferred asks the SA Deeds Journal?

In Cession of exclusive use areas, in the October 2004 SA Deeds Journal, Allen West dispels the uncertainty caused by section 27(4)(a) of the Sectional Titles Act 95 of 1986.

The author examines the confusion about the nature and status of certain exclusive use areas, the terminology used and how they are dealt with in the sectional title environment.

A useful link to guidelines issued by the Cape Law Society. This was occasioned by complaints lodged by managing agents who administer sectional title schemes on behalf of bodies corporate, against conveyancers who attend to the transfer of sectional title units.

Keeping a cool head over hot water on Property24 discusses the single exception to the general rule that a section owner is responsible for anything situated within the section and the body corporate is responsible for anything situated on the common property.

Rolf Gerke, writing in the July 2003 edition of De Rebus, explains his interpretation of the application of s 24(6)(d) of the Sectional Titles Act 95 of 1986 in the light of Registrar's Conference Resolution 31 of 2002.

In terms of Government Notice 1993 of 2003, The Sectional Titles Amendment Bill, 2003, is to be introduced into Parliament.

In a letter in the September issue of De Rebus, KG Mustard presents a contrary view to Rolf Gerke's July De Rebus article Extensions to sections. The position of the bondholder is also looked at.

How to amend ST rules on Property24, underscores the need for the trustees of a scheme to understand that they cannot amend the conduct rules.

In Afdwing van deeltitelskemareëls, in the October 2003 De Rebus, Jack Nel discusses what steps trustees of a sectional title scheme may take to enforce the compliance of rules.

The strict requirements governing the rental of common property are looked at in this article on Property24.

In The Buck Stops At the Body Corporate, on Property24, the responsibility of common property maintenance is canvassed.