CSOS dispute resolution procedures

Do you live in a Community Living setup such as a Sectional Title Scheme, Homeowners Association or Share Block? There are advantages to community living, but disagreements invariably arise amongst neighbours relating to noise nuisance, pets, and the like. Until recently, if you could not resolve these difficulties amicably, you had to resort to the… Continue Reading

Rights and Responsibilities of the Chairperson

The Chairperson of a body corporate – what are his or her rights and responsibilities? The chairperson’s role should be to ensure that trustee meetings are conducted fairly and democratically. The chairperson must act impartially. Prescribed Management Rule 18 (“PMR”) of Annexure 1 of the Regulations to the Sectional Title Schemes Management Act, the chairman… Continue Reading

Maintenance v Improvements

Is your sectional title complex looking a bit tired? Sectional title maintenance and improvement Maintenance The trustees of your body corporate need to maintain the complex (to keep it more or less in its original condition). These items are provided for in a budget that deals with routine maintenance and provision for unforeseen expenses. The… Continue Reading

Sectional Title Owners – Who is responsible for Excess Payments on Insurance Claims?

Owners in sectional title schemes believe – incorrectly – that because the body corporate insures the common property it must pay any insurance excesses (e.g. for a burst geyser)). In fact, the Sectional Title Act provides that the owner in a sectional title scheme is responsible for all excess payments on insurance claims – unless… Continue Reading

The Two Body Corporate Funds

Sectional Title – the need to keep two separate body corporate funds Bodies Corporate must now keep 2 funds, a ‘reserve’ and an ‘administrative’ fund. This is prescribed by the Sectional Titles Schemes Management Act 8 of 2011 [“the STSMA”) and the Prescribed Management Rules [“PMRs”] contained in Annexure 1 to the Regulations. 1.Reserve fund… Continue Reading

Body Corporate Fines – How Binding Are They?

Can a Body Corporate fine an owner for, e.g. making too much noise, being discourteous to security officers, or keeping a pet, against the Conduct Rules of the complex? Karen Bleijs kbleijs@ibalaw.co.za a colleague and sectional title expert, had this to say: The issues of keeping pets in sectional title schemes, as well as the… Continue Reading

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