My client approached his Home Owners Association (HOA) for permission to erect an MTN antenna to boost otherwise poor MTN reception in his complex. The HOA refused permission, citing, amongst other things, unknown health related issues and the risk that a resident in one of the surrounding units could fall ill due to the possible… Continue Reading
What Laws Apply to Keeping a Dog in a Sectional Title Complex
A client complained that her body corporate won’t allow her to keep a small dog in her unit, and asked me about her legal rights. The first place to look is in the conduct rules of the complex. Annexure 9 of the Sectional Title Act states that the keeping of pets in a sectional title… 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
Are your sectional title affairs in a mess
Are your sectional title affairs in a mess (your body corporate owes a fortune in arrear municipal charges)? You may consider appointing an administrator to halt legal proceedings and negotiate a way out. The Application to appoint an Administrator for a fixed period with the purpose of rehabilitating the scheme, is brought in terms of… Continue Reading
Body corporate cut off electricity
The Body Corporate switched off a client’s electricity, because he fell into arrears with his levies. He asked me what steps he could take to have his electricity switched back on. I advised: I would suggest that you have a look at the conduct rules of your body corporate. I would be most surprised… 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
Body corporate insurance excess
Q I have a possible leak in the damp wall joining me and the next door flat. The body corporate state that if insurance covers, I am responsible for the excess. Also, they are trying to make as if they “help” me by arranging a plumber for which they say I will have to pay… Continue Reading
Body Corporate not playing the game?
The Sectional Titles Act makes provision for a unit-owner to act against a Body Corporate if it, through its Trustees, does not adhere to the Rules of the Body Corporate. The first thing you must do is write to the Trustees or speak to them to demand that they adhere to the Rules. If this… Continue Reading
Can a body corporate switch off a defaulting owner’s electricity?
A landlord can’t change the locks or switch off the electricity if his tenant is in arrears with her rent. See http://www.bregmans.co.za/spoliation/ Can a body corporate switch off the electricity to a unit in a sectional title complex where the owner (or his tenant) fails to pay his levies? The position is no different to… Continue Reading
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