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
Installing a cellphone mast in your complex to boost signal
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
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 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
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