If the owner of freehold property wishes to do alterations or “extensions” to the buildings on his property, he need not (as a general rule) obtain the consent of his neighbours. Such an owner need only submit building plans to the Municipality for approval. Once the...
Sectional Title
Improvements to Sectional Title Schemes
I was recently asked by an owner in a sectional title scheme whether he could compel the body corporate to install security measures such as intercom access control systems, remote controlled motor gates and security fencing and also whether the body corporate could...
Disputes about Levies
A number of owners of sectional title units have asked me whether they are entitled to withhold the payment of levies if they are dissatisfied with the manner in which the trustees appointed by the body corporate are managing the scheme or if they think that the...
Sectional Title Conduct Rules
Every sectional title scheme has rules which bind the body corporate and the owners and occupiers of all units in the scheme. There are two sets of rules, namely the management rules and the conduct rules. The management rules deal essentially with the management of...
Maintenance of Sectional Title Schemes
I have been asked quite a few questions recently relating to the responsibility of owners and the body corporate to maintain their sections and the common property respectively in sectional title schemes. To understand this issue, one first needs to understand the...
Exclusive Use Area
Most people who own property in sectional title schemes are familiar with the term "exclusive use area". However, a fair amount of confusion seems to exist regarding the exact nature of exclusive use areas. This is not surprising as there are three different types of...
Sectional Title Levies
Last week I dealt with some of the differences between Sectional Title and Freehold Title. This week we take a look at the issue of levies which are payable in respect of sectional title property. As I mentioned previously, the financial affairs of a sectional title...
Financial Implications of Buying Sectional Title
A Sectional Title Scheme cannot be properly managed by the trustees unless all the owners make regular and prompt payment of levies. The non-payment of levies is one of the main reasons why some body corporates in South Africa find themselves in financial distress. In...