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sectional title

Alert Level 3 implications for owners and residents living in complexes and rental buildings

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Andrew Schaefer, Managing Director of Trafalgar Property Management (Pty) Ltd clarifies Lockdown Level 3 for sectional title residents and tenants: For ease of reference, I would like to summarise the relevant implications of Alert Level 3 for residents in community schemes. From Monday 1st June 2020 the following gazetted regulations will directly impact residents in complexes: Curfew: has been cancelled Exercise: allowed on the common property and within the district from … [Read more...] about Alert Level 3 implications for owners and residents living in complexes and rental buildings

Sectional title property performance remains strong

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Since 2012, sectional title complexes have been leading the South African property market, not only in terms of price growth, but sales volumes as well. Remaining relatively strong, even in the face of 2017’s political and economic turmoil, experts say this market segment could offer valuable insight into South Africans’ property purchase priorities. “People often attribute the popularity of sectional title complexes to the simple densification of urban and suburban spaces, and the subsequent … [Read more...] about Sectional title property performance remains strong

Appointment of a tenant as trustee

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Hi Can you please advise whether a tenant can be appointed as a trustee and where I can find the relevant section in the Sectional Titles Act Regards Jayshree Regards Jayshree Thaker Editor: I have been in the situation of being appointed as a trustee and not owning a unit, but you need to check the Prescribed Management Rules for your scheme comply to make 100% sure. In accordance with Section 35 of the Sectional Titles Act schemes "..shall as from the date of the establishment … [Read more...] about Appointment of a tenant as trustee

Research the Body Corporate Rules before buying

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Sectional title homes have become a popular choice among South African buyers due to the security and lifestyle benefits that they provide. Often sectional title units are more affordable, making them an ideal option for buyers purchasing their first property. Adrian Goslett, CEO of RE/MAX of Southern Africa, says that another benefit to sectional title units that has made them so appealing to a wide range of homebuyers is the fact that they generally require very little maintenance on the … [Read more...] about Research the Body Corporate Rules before buying

Homeowners’ association versus sectional title

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A reader has asked the Property Poser expert for a comparison between property ownership where the provisions of the legislation relating to sectional titles are applicable and where those of a homeowners' association (HOA) apply. Sean Radue of Radue Attorneys in Port Elizabeth says an HOA is typically found in so-called cluster housing. "This is when a development is done on a piece of land with a shared, privately owned open space for amenities. Each owner obtains a separate title deed … [Read more...] about Homeowners’ association versus sectional title

How to deal with an autocratic chairperson

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A reader has asked the Property Poser panel to deal with what appears to be a seemingly common problem in sectional title complex management – the autocratic chairperson. The reader writes that her complex's chairperson acts as if the scheme belongs to him and that the rules are applicable to everyone else but him and his family. She says complaints about other residents are swiftly dealt with but those concerning his family are merely swept under the rug. The residents have now had enough … [Read more...] about How to deal with an autocratic chairperson

Pet ban gives buyers “paws” for thought

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The Property Poser panel has been asked to assist a reader whose complex has instituted a "no pets" policy, which is negatively affecting the sale of her property. The reader owns a sectional title unit, which she vacated some time ago and recently put on the market. She explains that the body corporate has recently decided to disallow any new pets in the complex, as there are currently too many of them. This decision has had a negative impact on three potential sales as the interested … [Read more...] about Pet ban gives buyers “paws” for thought

Sectional title improvements of a frivolous nature

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A reader has approached the Property Poser panel with two questions relating to the management of the sectional title complex in which he lives. Firstly, he would like to know whether a non-owner may be elected to the body corporate. Secondly, he would like to determine the body corporate's authority to make decisions regarding improvements to the complex, especially those that would result in substantial financial obligations on the owners. Regarding the first issue, it is generally … [Read more...] about Sectional title improvements of a frivolous nature

Appointment and Removal of Sectional Title Trustees

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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 Stiaan Jonker of Smith Tabata Attorneys in Port Elizabeth, the fiduciary relationship between the trustee and body corporate … [Read more...] about Appointment and Removal of Sectional Title Trustees

Owners responsible for section repairs

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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 owner. In another matter, a reader complains about a badly neglected garden gate in one of the … [Read more...] about Owners responsible for section repairs

Changing the Scheme of Things

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www.MyPE.co.za: 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 in the structure of ownership. "To answer this, we really have to look at each … [Read more...] about Changing the Scheme of Things