Legal and Property Advice from the Professionals
The Property Poser panel has received a query from a concerned reader about a dilapidated building in the vicinity of the block of maisonettes in which she lives. The reader explains that this run-down building looks similar to the one in which she lives but whereas hers is a sectional title complex, the neighbouring one seems to belong to a single owner who rents out the units. The problem … [Read more...]
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...]
The Property Poser panel has received an interesting query from a reader regarding a commission paid to the managing agent of his complex. The reader lives in an estate that comprises both free-standing and sectional title units, resulting in the appointment of both a homeowners' association (HOA) and body corporate. Financial and administrative duties, as well as related management … [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 helps a reader whose Home Owners’ Association (HOA) makes unilateral decisions affecting residents without achieving a quorum at meetings. Although the required number of members are never present, the reader says the HOA continues to make changes to the rules of her complex. This includes the building design and style of new homes being erected and, she … [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 deals with two similar questions regarding responsibility for maintenance in a sectional title complex. The first reader is having problems with water damage to built-in cupboards, caused by a leaking shower in the unit above. The body corporate referred the issue to the person living in that unit, but he is merely a tenant who has undertaken to contact the … [Read more...]
What role the chairperson of a body corporate plays and the nature of his or her responsibilities are the subject of this week's column. Our experts have been approached by a reader who recently purchased a sectional title unit and was subsequently elected as trustee at the annual general meeting. The group of trustees is quite small, numbering just four members including the chairperson. … [Read more...]
This week our panel of experts addresses the issue of whether a sectional title scheme could be converted into a homeowners' association. As manager of a body corporate, one of our readers is often confronted by annoyed sectional title owners who cannot understand why they require permission to make alterations to their property. She would like to know if they could be appeased through a change … [Read more...]
A reader, whose permission to own a pet in a sectional title complex has been overturned, has approached our panel of experts. He writes that he moved into the complex three years ago with permission from the developers to bring along pets. At the first meeting of the body corporate, permission was granted to tenants in general to keep pets within the complex, provided they remained in a … [Read more...]
Our panel has received an e-mail from a reader who has been a tenant in a sectional title complex for more than three years. She says when she moved in there were no rules that forbade the owning or the visiting of people with pets. Certain members of the body corporate have now decided that her parents, who bring their two small, well-trained Pomeranian dogs along when they visit, may no … [Read more...]
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