SectionalForum - Sectional Title Discussion and Resources

	Cost of Municipal Services reduced by new pre-paid water meters Friday, March 30, 2012 04:30 | Views : 125 The cost of Municipal services has always been a major component of the levies payable by members in a sectional title scheme. A few years ago Municipalities in an effort to improve their collection of rates ... Read More »
How Much Legal Costs are Recoverable by a Body Corporate from an Owner Thursday, December 08, 2011 12:00 | Views : 526 The attorney leans back at the head of the table with the Trustees gathered around him. The Tr Read More »
The maximum interest rate that a Body Corporate can charge Friday, October 21, 2011 04:00 | Views : 672 The next demand that the Chairman makes to the Attorney is – What is the maximum interest rate Read More »
To Cut Off the Electricity or not to Cut Off the Electricity Thursday, September 01, 2011 12:00 | Views : 647 The Chairman sits firmly planted in his chair furious about levy defaulters not paying their le Read More »

	Forum	Topics	Posts	Views
	Finance - Finance advice regarding Levies, Budget, Auditors, Salaries and Wages Last Updated: Monday, April 30, 2012 06:14	5	37	4598
	Security - Security Tips and advice Last Updated: Wednesday, May 09, 2012 03:58	1	6	830
	Staff - Staff Tips and advice Last Updated: Wednesday, August 17, 2011 01:46	2	4	818
	Insurance - All you need to know about Insurance Last Updated: Monday, January 09, 2012 10:33	2	4	778
	Maintenance - More information about painting, waterproofing, plumbing, electrical, Fire equipment, Gates, DSTV and aerials, roof repairs and more Last Updated: Thursday, April 05, 2012 09:40	9	28	1090
	Legal - Legal Last Updated: Saturday, May 19, 2012 08:29	7	95	821
	Municipal - Municipal Last Updated: Wednesday, December 07, 2011 04:10	1	3	733
	Newsletters - Interested in Newsletters Last Updated: Saturday, September 03, 2011 09:50	4	3	779
	Sectional Title Act - Sectional Title Act Last Updated: Tuesday, May 15, 2012 05:18	3	12	769

Latest Posts
	Legal Advice - Units 2 & 3 were registered as garages in 1994. They each have a roll up garage door. The size of these garages are the normal size of a single garage. The garages are next to each other with just a brick wall dividing them. On each side of the garages there is a unit with residents. The owner now wishes to convert these 2 garages into one bachelor flat! According to Sect. Title you may not change the outside of a building, may not put in windows, may not remove the garage doors. If such changes are allowed in a Sect. Title complex, please advise what the proceedure is. Regards Diana Chairperson Last Updated: Saturday, May 19, 2012 08:29
	Common Areas useage - You need to consult the schemes conduct rules. Standard Conduct Rule 5 of the Sectional Titles Act states that the owner or occupier of any section used for residential purposes may not place or do anything on any part of the common property (including balconies, patios, stoeps and gardens) that when viewed from the outside of the section is, in the discretion of the trustees, aesthetically displeasing or undesirable. This rule allows the trustees to consider and decide upon the aesthetic appeal and desirability of the placement of any article or the performance of any action on any part of the common property. The placement is not prohibited until the trustees have made the decision that it is aesthetically displeasing or undesirable. Last Updated: Tuesday, May 15, 2012 05:18
	Legal Advice - You need to consult your conduct rules. Standard Sectional Title Act conduct rule 4 prohibits an owner or occupier of a section to mark, paint, drive nails, screws or the like into or otherwise damage or alter any part of the common property without first obtaining the written consent of the trustees. This prohibition is wide enough to cover items such as external light fittings. It is logical that if the light is attached for the benfit of the owner alone, the cost would / should be for their account. This actual rule is limited to devices designed to protect a section from entry by unauthorised persons or unwanted animals or insects. It does not oblige the trustees to approve the attachment of any particular device to the common property but allows the trustees to give permission in respect of particular devices either on a generalised or on an individual basis. As the precedent has been set, it should be followed in my view in terms of similar items already installed. Last Updated: Tuesday, May 15, 2012 05:14
	Common Areas useage - I trust that you are well and can assist myself ? What does the “law” say in regard to, bearing in mind that the complex says that this area is communual: Example: an owner, has had an item ie: a plant box at the entrance to their unit for more than 5 years and no questions have been asked. the owner now puts up a decorative item ie: words or a cement decoration on the same area as the plant box. Question: 1. what does the sectional title act say, is this allowed ? 2. can a trustee or the chairman now ask for this to be removed ? and, what if other owners already have an item or items on the exterior of their unit. Last Updated: Monday, May 14, 2012 10:01
	Legal Advice - Our complex has 4 units. we have lights on the common property. Owner No.3 wants to install lights on her unit overlooking her exclusive use area. She is insisting that the Body Corporate must pay (in other words a special levy to the other 3 units) No. 4 has already installed lights at her own expense. Does the Body Corporate have to pay? Please advise.Thank you Last Updated: Thursday, May 10, 2012 02:01
	Who is responsible for Security at our sectional title complex. - An exclusive use area remains common property and maintenance and improvements to common property remains the responsibility of the body corporate. If the EUA is registered under section 27 of the 1986 Sectional Titles Act (part of sectional plan), improvements are authorised by the trustees, and may not unreasonably be refused. If created under rules in terms of section 27(A) of the Act, unless allowed in the Rule, improvements require Body Corporate consent. Last Updated: Wednesday, May 09, 2012 03:58
	Who is responsible for Security at our sectional title complex. - We have 4 units in our complex and one unit wishes to install security lights in their exclusive use area and they require this for extra security for themselves. As the lights are in their exclusive use area do we all have to contribute to the cost of installing these lights. we have lights on the common property which we all contributed to including the electricity Last Updated: Tuesday, May 08, 2012 09:50
	Legal Advice - As far as garage door is concerned: In terms of Section 5(5)(a) of the Sectional Titles Act any feature situated in a boundary wall (or floor or ceiling) of a section, shall be considered to form part of such floor, wall or ceiling.?” In terms of subsection (3)(d), the boundaries of a section is defined by reference to the floors, walls and ceilings thereof, or as may be prescribed, provided that any window, door or other structure which divides a section from another section or from common property, shall be considered to form part of such floor, wall or ceiling. In terms hereof, the median line passes through the centre of any window, door or other structure that divides two sections or a section and the common property. This means that bodies corporate and owners will always be liable to share the costs of maintaining and repairing windows and external doors. The supposed structural damage, if proven to be structural, will need to be assessed by a structural engineer. Any damage resultant to a section, will be incumbent on the owner to address. Again the 50/50 principle legally should apply if total wall is impacted. If damage is on outer side BC is responsible. You will however need to obtain an experts opinion in determining the cause of strucutural damage and whether indeed it is structural or movement. Last Updated: Tuesday, May 01, 2012 02:04
	Legal Advice - Thank you for the valuable advise we have received to date regarding our other questions. We have a problem with our garage door. There appears to be structural damage to the building which has caused slight movement, especially the wall and floor area at the garage door. As a result the door is scraping at the bottom. In order to be able to close and lock the door we had to chip away some of the floor. According to the contractor who qouted us for the replacement of the door, the door should be at least 5mm off the ground. On further investigation and discussion with the planning department with our local municipality it was pointed out that the garages in our complex forms part of the sections and is indicated as such on the building plans. It is not an exclusive use areas. The Chairman is adament that the repair and replacement of the door is for our account and that the Body Corporate is not responsible. The question I would like to ask is, who is responsible for the replacement of the garage door and secondly, the structural damage to the building which is on the outside of the garage if the garage is part of the section? Last Updated: Monday, April 30, 2012 06:13
	Legal Advice - Legally any restriction of services (if this is the case) by the body corporate to an owner / owners will be considered illegal (“spoilage’). Taking the various matters noted into account, in the event of no response from the trustees (not the chairman as he is only one of the trustee committee appointed), the sectional title act provides for arbitration process to be launched in terms of management rule 71. In terms hereof a dispute must be declared and referred to a third party, known as an arbitrator, for a final decision, after the arbitrator has first impartially received and considered evidence and submissions from the parties. I would suggest consulting a sectional title attorney should the matter become untenable and for the dispute to be declared in terms of PMR 71. The potential advantages of arbitration over conventional litigation are that it can resolve a dispute more quickly and less expensively. Last Updated: Monday, April 23, 2012 03:11

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