Are you making this mistake when proposing special or unanimous resolutions? I recently received notice for two meetings called by a body corporate of which I am a member. The email to which the agendas and supporting documentation for these meetings were attached,...
Resolutions are required to authorise trustee actions The 2021 KwaZulu-Natal high court appeal case of Zikalala v Selma Court Body Corporate and another (Case No. AR255/2020, available from www.saflii.org) dealt with several important issues. This case will be best...
Everything you need to know about paying levies Most buyers who are considering a Sectional Title property know by now that they should first check how much the monthly levy is and what it covers before making an offer to purchase. However, they should also ask for a...
Barking dogs in complex | What can I do about the noise? A new symptom of the Covid-19 crisis and work-from-home business model is plaguing residents in community housing schemes like sectional title complexes and residential estates - barking dogs. BBM Law director...
What is the Maintenance, repair and replacement plan (10 year plan)? The Maintenance, repair and replacement plan is a detailed schedule of expected maintenance for the scheme over the next 10 years. The plan is drawn up by the Scheme Executives, who may make use of...
Useful Sectional Title terms Residential Sectional Title Scheme A residential building or group of buildings where owners own "sections" of the building. Example: Block of flats or apartments; Townhouse Scheme. Section The internal space of the unit consisting of the...
Contravening municipal by-laws | When is noise just noise and not a nuisance? We all live in a world of noise. Our cities reverberate with the cacophony of urban development, construction and traffic - music filtering from bars and restaurants, ringtones, taxis...
Why you should think twice before bypassing the CSOS dispute resolution procedures On 01 June 2021, the High Court (Western Cape Division, Cape Town), delivered a judgment in respect of an urgent application in which relief was sought in relation to the reasonableness...
Removing a director serving on the board of your Home Owners’ Association Generally speaking, it can be quite difficult to get volunteers to serve on the board of directors of Home Owners’ Associations (HOA’s) registered as non-profit companies. Usually members are...
Payment of sectional title trustees Schemes need reliable executives to work with their managing agents. People are becoming more conscious of their rights and more demanding of those who owe them duties. At the same time, society is becoming less polite. People revel...