Legal and Property Advice from the Professionals
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be … [Read more...]
The latest question put to our Property Poser panel comes from a reader who lives in a complex where a number of owners are disputing a penalty imposed on their undeveloped plots. The reader writes that his complex is regulated by a Homeowners' Association (HOA) whose constitution makes provision for a monthly penalty to be levied on owners who do not develop their plots within 36 months of … [Read more...]
A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Lucille Geldenhuys … [Read more...]
A resident of a sectional title complex has approached the Property Poser panel with some concerns about the actions of the trustees. The reader explains that there are ten units in his complex and that three trustees were elected at the last annual general meeting. He asks whether a person who is not a unit owner may be elected as trustee and whether the trustees may, without the owners' … [Read more...]
The Property Poser experts are often inundated with queries about stormwater run-off from neighbouring properties and this week's scenario comes from a reader who lives in a sectional title complex. The reader explains that the area in which he lives was flooded some time ago, while he was abroad. At the time, his neighbour outside the complex knocked down the wall separating the two … [Read more...]
This week a reader asks the Property Poser experts whether a managing agent is allowed to lead the body corporate of a sectional title complex and give advice. In addition, as a trustee of the complex in which he resides, he is concerned about a situation in which one or two of his fellow trustees are trying to take control. According to Schalk van der Merwe from Rawson Properties … [Read more...]
This week the Property Poser panel deals with a sticky situation relating to the trustees’ responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before … [Read more...]
This week the Property Poser panel considers a boundary wall problem with a few twists. About seven years ago a reader purchased a unit in a complex. She explains that her property lies adjacent to the boundary wall enclosing the entire development and a small river runs just beyond that. For about five of the seven years she has lived there, the local municipality cleaned up the riverbanks … [Read more...]
This week our panel assists a reader who has been fined for alterations he made to his unit in a sectional title complex. Before starting these alterations he submitted the plans to the municipality and the trustees of the body corporate. The changes he wished to effect were not only aesthetic, but also had practical implications to prevent rainwater from flooding the interior. The … [Read more...]
This week our reader's letter deals with the management and conduct rules in a sectional title complex. He understands that, while these rules are absolutely necessary, prospective buyers do not always know what they are getting themselves into when buying in a complex. As a trustee of the body corporate in charge of the complex where he resides, he has devised a way to ensure that all … [Read more...]
This week the panel tackles a reader's question about the calculation of levies and explains how special levies are divided between owners in a sectional title complex. The reader describes her complex as consisting of nine units, all of which are roughly the same size, give or take a few square metres. She would like to know whether this means that all owners should pay approximately the same … [Read more...]
Our panel is often asked to deal with a variety of issues relating to sectional title complexes, from problems between neighbours to maintenance of the common property. This week's reader question is a classic example of the latter. The reader explains that he has owned and lived in his unit for some time. Approximately two years ago, he approached the trustees of the complex about paving a … [Read more...]
When it comes to assigning responsibility for the maintenance or replacement of windows in a sectional title complex, it is no open-and-shut matter. This week's query comes from a reader who lives in an older block of flats where the existing steel window frames have been repainted over the years, to the extent that many do not close properly any more. As trustee the reader approached the … [Read more...]
In a reversal of stereotypical roles, a reader "interferes" on behalf of his mother-in-law and interrogates our panel about a belated levy payment. The lady in question lives in a sectional title complex and some time ago had the balcony of her unit enclosed. Now – a full 15 years later – the management company has ruled that an additional levy is payable on this … [Read more...]
A reader who lives in a sectional title complex with a managing agent has approached our panel with two procedural questions. He would firstly like to know how many days before the annual general meeting the agenda and financial statements should be distributed and, secondly, the correct procedure for removing a trustee. The management rules contained in Annexure Eight to the Sectional … [Read more...]
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