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Q Hi, I live in a sectional title complex with 13 units. A tenant started a business and has staff living in another two units.

Finding a suitable tenant to rent investment units in sectional title is becoming increasingly difficult. Credit checks, phone calls to previous landlords and checking

The Permanent Trust Property Group of the Western Cape has acknowledged unconditionally in a settlement signed at a CSOS dispute resolution hearing that it

The CSOS does not have the jurisdiction to make an order on the matter of outstanding levies and legal fees in a dispute between

Growing up, my next door neighbours were obnoxiously loud – whether it was the father’s Kawasaki Ninja roaring off to work in the mornings

A trustee of a sectional title development in Kyalami who took the body corporate to the Community Schemes Ombud after being charged a full

The former owner of a Gauteng sectional title property who paid the Northdowns body corporate R24,000 under protest for replacement access locks to the

An arbitrator, in an application brought to the Community Schemes Ombud Service (CSOS) by the owner of a unit in a KwaZulu-Natal sectional title

Q Our trustees have decided to increase our levies by 20% per annum. If you are an owner, not one of the trustees, do you

Q Hi, I was injured in the complex I am currently living in as a tenant. I missed the last step due to no lighting

Cape Town’s highly publicised water shortage has caused more than just the dams to dry up. Local experts say demand for property in the region has also

Q Hi, I'm a first-time property owner and I have plans to redo my kitchen and bathroom. My unit is on the fifth floor - which is

Having worked closely with countless trustees over the past four years, I can confidently say that most of them have one thing in common:

  Every day we receive questions from our readers pointing fingers at their bodies corporate, forgetting that, as owners, they are the body corporate! Our

If you are thinking of buying into an apartment building or other Sectional Title (ST) complex, it’s vital that you read and understand the

Q Quick question: Fumigation service was provided to 4 units in our sectional title complex. Because no other units benefited, and it was paid for

If you live in an apartment, how much consideration do you give to those who live below? Sure, they may have a private garden

Q Hi, I was a trustee previously and decided to not be one in the new financial year at my complex. Yet, at the AGM I

Since 2001, sectional title properties in South Africa have, on average, consistently outperformed their full title counterparts. Add to this their significant lifestyle benefits

Q We have recently had an eight-month late AGM. The contents of the minutes are nowhere close to the “actual discussions” that did or did

Q1 Hi, I recently purchased a house in a complex, which is yet to be built. The body corporate has emailed me a statement for

Q Hi, I am an owner in a townhouse complex. With regard to exclusivity of private gardens what is the owner responsible for if a

You may have driven past Umthunzi Valley on Walton Road in Midrand, or received a flyer at a nearby traffic intersection, but you have

We recently received a question from Donald Steyn, an owner of a sectional title unit in Johannesburg. Steyn was unhappy with the security system

Q Our estate is a common law association. Should we consider changing over to a non-profit company? What are the pro's and cons of each?

I’ve long held the belief that the best way to settle a dispute in a housing scheme is by engaging with the other party

Curb appeal; it’s a concept that may seem simple, but go browse for homes and see how difficult some sellers or landlords find the

Q Hi, I just want to find out if I can have a claim against a body corporate if I find my car damaged while parked

Q Does an owner have the right to raise something as general at the AGM if there is not a point as "General" on the agenda?

We’ve all seen them. Scores of housing developments in which the design of every house is replicated throughout the estate. And it’s not only the

Sectional title life is generally considered affordable, convenient, safe and is a popular choice for anyone from bachelors to retirees - and everyone in

Prospective home buyers in Midrand can secure their new home in Glen Acres Park Estate today, without first needing to qualify for a home

Q Hi, Please explain what exactly the difference is between a homeowners’ association (HOA) and a body corporate? - Yolande A Hi Yolande, an HOA and a

Q Hi, I am the owner of a sectional title unit in Potchefstroom. In September a massive storm blew off a part of the complex’s

Q Hi, we are in a complex of 4 houses – different levies for each according to the sizes.  At the moment we are self-managed

In terms of the Occupational Health & Safety Act, all home owners are supposed to have a valid Electrical Certificate of Compliance (ECOC) –

Q Hi, I have two questions: 1 Can outstanding levies be collected via garnishee order? 2 Is it the body corporate’s responsibility to collect the arrear levies

Bodies corporate may have a tough time enforcing the new Level 5 water restrictions imposed by the City of Cape Town because “in sectional

Q Hi, we are living in a sectional title complex, where the caretaker is a trustee as well as the chairperson. This specific chairperson is in

Q Hi, is there any way that we can get around the fact that the security levy is calculated and payable by participation quota (PQ)? We

Q Hi, we are having our AGM at the end of September this year. When we received our copy of the body corporate financials, we

Q When it comes to sectional title schemes and participation quota, should each unit’s levy be determined based on the whole cost of the budget

Q Good day, our trustees have decided to increase our levies by 20% per annum. If you are an owner but not one of the

Q Hi, we are currently paying a monthly levy of R1,263 to the body corporate and a monthly fee of R1,200 to the homeowners association

While, according to the Income Tax Act Section 10(1)(e), bodies corporate are exempt from paying income tax, body corporate tax compliance has become problematic

Q I live in a two bedroom 104m² unit in a sectional title complex with an adjoining garage. I have a dream - I want to

Looking to buy a home? Chances are you have been looking at sectional title units - the rising costs of maintaining properties and the

Q Hi, we requested permission to alter the existing steel-framed double door and adjacent window frame in our section. We wish to replace the existing

Q Hi, the Sectional Titles Management Rules state that personal details such as telephone and email details etc. of owners must be given to other

Q Hi, I recently received a notice of a Special General Meeting from the trustees in a sectional title scheme where I own a unit.

Q In my sectional title complex, which is a mixed-use development, i.e. commercial and residential, the trustees budgeted for a deficit in the 2015/16 financial

Q Hi, who is liable to pay the reserve fund levy upon the change of hands of the unit during the financial year? This levy

Q Good day, I followed your notice regarding payment of CSOS levy and how to work it out. We are not sure whether CSOS levies

Q In short, our Sectional Title Scheme is located within an Estate. The body corporate of the scheme manages the day to day activities and

Q Hi, we are a homeowners' association (HOA) registered in terms of Section 29 of the Municipal Ordinance of LUPO Act 15 of 1985 (Common

Q Good day, please confirm that in order to correctly calculate the CSOS levy, one does the following: Take monthly levy of flat and add the

Q Hi, I am a single lady and have no knowledge on the law of townhouse complexes. I bought a townhouse in a complex three years ago:

A small, seemingly simple addition to the regulations under the Sectional Titles Act, 95 of 1986 “the Act”, has added significant consumer protection for

Q Hi, I have met all prerequisites for extending onto common property and have received a go ahead at a special general meeting (SGM). My builder

Q I've recently been made a trustee of the complex which I stay in. We have an elderly lady who is our caretaker. She has

Q Hi, thank you for your website. Our managing agent is asking our body corporate to sign over to them, the responsibility for issuing of

Q Hi, I came across this article and am in need if some assistance. I bought a two bedroom flat in July 2013. The Chairperson of

Q Hi there , I'm desperately in need of advice. Two months ago I bought a property, a town house in a sectional title complex.

Q Are the trustees allowed to change rules which presumably have been registered at the deeds office many years ago? The copy of the new

Q Hi, We are four full title units in Vereeniging that only recently draw up some rules and regulations. Please assist us by providing answers

Q Please can you clarify the new sectional title rules which apply to commercial units. We have 100 units in our light industrial complex in Mossel

In the recent case of the body corporate of Empire Gardens v Sithole, the body corporate applied for the sequestration of an owner in

Q Hi, I refer to the amendment to the Sectional Title Schemes Management Act as follows (as sent to us by our managing agent): “Body corporate

Q Hi, our financial year runs from January to December. The new act was published in October 2016, so what year should the first maintenance

Q Hi, what are the legal requirements (trustee meeting notice, quorum, etc.) for the passing of a round robin resolution by the trustees of a

Q Hi, I am an owner of a shareblock scheme of flats in Durban which has recently converted to sectional title (although the first transfer

Q I am writing on behalf of our management association committee. The Country Village is a retirement complex in Greyton, and the 61 properties are

Q Hi, please advise on the following sectional title-related questions: When using a proxy for a special general meeting (SGM) or annual general meeting (AGM)

Q Can a non-owner and non-resident without proxy attend a trustees’ meeting and voice an opinion knowing he cannot vote without proxy? – Sandy A Hi Sandy,

Q Hi, I live in a “retirement village” in Roodepoort that is fully occupied (48 units) but for which the Section 82 certificate has not

Q Hi, I am the chairperson of a complex where we have 13 registered sections; eight of which are flats and the other five are

Q Hi, please help me! An owner has called a special general meeting (SGM) tonight to increase the number of trustees from two to five (financial year

Q Hi, there seems to be some confusion regarding owners attending trustees’ meetings. As recently as 2015 it was stated that owners could only attend

Q Hi, in a complex of townhouses where voting rights are unit based (not number of votes as determined by participation quotas), and if the

Q Hi, we have a special general meeting (SGM) coming up next week. Are owners who are in arrears on their levy accounts allowed to

Q Hi, we are a full-title complex governed by a voluntary association constitution. Can a caretaker be a trustee and be appointed as a chairman

Q Hi, who is responsible for fixing a leaking roof in a sectional title complex? Is it the owner or the body corporate? - Albert A Hi

Q Hi, my mother rents an apartment in Kronendal Village in Hout Bay, Cape Town, owned by the Cape Peninsula Organisation for the Aged (CPOA).

Q Hi, kindly advise how the CSOS levies need to be calculated if the following scenario takes place: The body corporate charges normal levies of

Q Good day, there is confusion in my retirement home as to whether residents who pay rent also have to pay the CSOS levy? -

“John, did you see the email from the managing agent?” “No, what email?” “Basically, the body corporate has to raise a special levy. Something like R13,000.” “Gosh,

Q With many schemes being unprepared for the requirements of the STSMA and CSOS regulations, they are scrambling to meet their requirements and as such

Q The company that runs the complex is not very helpful at all. The managing agent of the body corporate does not answer mails all

Q Hi, I have recently found out that my tenant has tampered with the electricity meter box. How do I go about handling this matter? A The

Q Last November I rented a unit in Ashford View, Radiokop, Johannesburg. From day one I experienced difficulties with the neighbour. Their son invites five

Q Our body corporate decided in 2013 and earlier, and then it was confirmed in 2015, that each owner will be responsible for his or

Q I heard that the Community Schemes Ombud Services Act (CSOS), and the office of the ombudsman, has something to do with the Land Expropriation

Q Hi, my courtyard is part of my section registered in the deeds office and is separated by a 2m high wall from the adjacent

Q Hi there, I own a sectional title unit that has two patios - one from my lounge, and the other from my bedroom. I

Q Hi, I have two questions: #1 For the purpose of a delineation between common property and exclusive-use property – how is this determined? Does median

Q Hi, I have three questions: #1 I would like to know who is responsible for repairing electrical cables. We live in a small sectional title

Many sectional title schemes are nearing the end of their financial year (from 1 March to the last day of February) which means budgets need

Q I recently purchased an apartment in a sectional title complex in Cape Town. In addition to this apartment, I also own one in Johannesburg

Many people own property in sectional title schemes for investment purposes, and they let out their units to tenants for rental income. With accommodation

Q Hi, I have two questions: In order to collect the CSOS contributions do we have to open a separate account to deposit the funds

Q We are in a complex of three houses which is run by a common law homeowners association (HOA). My question is do we have

Q I own a middle-floor flat in a Sandton estate. Unfortunately, six months after I purchased the apartment, the unit above mine had a leaking

Q Hi, our complex has seven units and our current levy is R1,500 per month. I have calculated that the levy that is due is

Q Will I be able to claim for usage of my parking spot by the building manager from the date the property was registered in

Q Hi there, I’m a trustee and the other trustees in my complex are refusing to register with the Community Schemes Ombud Service (CSOS). What

Q I own a sectional title apartment in Honeydew, Johannesburg, and yesterday got notice of increased sewer recovery charges (from R188 to just over R200).

Q Hi, I’m in a situation where we pay levies every month in a complex but we are getting no services (excluding buildings’ insurance and

The Sectional Titles Schemes Management Act 8 of 2011 contains a new set of regulations and thus also a few new definitions within the

Q Hi, we are in a complex of three houses which is run by a common law homeowners association (HOA). The levy is R500 so

Q Good day, is the CSOS levy applicable to the security portion of the monthly levy as well. We have two separate entries on our monthly

Q Hi, my parents are living in a retirement village in Durbanville, Cape Town. They have received a notice that they must pay, over and

Q When a sectional title unit is in the process of being transferred to a new owner after a sale, a levy clearance certificate has

Q We have recently bought a full-title home in a complex of six houses (all full-title). The houses are built in three blocks of two

Q Our complex consists of nine sectional title units and 38 full-title units. We currently have insurance covering the buildings of the nine sectional title

Q Hi there, I am behind on my levy payments by more than R13,000. My body corporate is charging me 5% in arrears interest which

Some industry players are concerned that the Community Schemes Ombud Services (CSOS) Act could potentially negatively impact on scheme management and indirectly prejudice property owners. We

Q Can the trustees change the electricity service provider without consulting owners? Has the managing agent got a responsibility to advise the trustees that owners

Q Is it compulsory to be an estate agent to be the managing agent for a sectional title scheme? The scheme has its own bank

Q I stay in a retirement village of 202 units - 139 of which are sectional title and 63 are life rights. There is some confusion

Q In terms of the new Sectional Title Schemes Management Act regulations, all bodies corporate have to prepare a formal 10-year maintenance, repair and replacement

Q In our complex there are 16 units and our levies are R1,250 each per month. So according to my calculation that’s R15 per unit

Q All of our properties have separate entrances, linked only by the shared wall. There is no common property. If we can install individual prepaid

Q Our complex consists of 12 individual units. Approximately six years ago the trustees decided that ALL owners would be responsible for the maintenance of

Q Thanks for good reporting on the community schemes ombud. I live in an estate and the board is trying to dodge the ombud by

Q Based on HomeTimes’ articles, it has been mentioned that the Community Schemes Ombud Service levies will be raised on 1 January 2017. My question is,

Q We have a small complex consisting of six units: Five of the units are owner-occupied with one having a tenant in occupation. Each owner is

The Community Scheme Ombud Service Act and the Sectional Title Schemes Management Act were each gazetted one month ago. While these acts have certain

The sectional title property market is the fastest-growing housing type in the country. Reasons for this include the fact that a higher concentration of

According to the new Sectional Title Schemes Management Act all sectional title schemes, no matter the size, must have their financial records audited each

Q My neighbour and I have a duet sectional title scheme. The body corporate (just the two of us) do not have meetings and we have

Q Good day, just over three years ago we bought into a sectional title complex. The chairman acts like a dictator and in a complex

Sectional title owners, trustees and managing agents should by now be aware of the new, long-awaited Community Schemes Ombud Service Act (CSOSA), the Sectional

Sectional title owners could see their levy costs increase by 15% per year for the next few years. This is due to last week’s

Sectional title properties are often more affordable and affords owners the ability to live in sought-after areas without having to pay the larger sum

Q Hi there, I heard there is another levy we will soon have to pay that has to do with a new Ombudsman? - Paul A Hi

Due to its limiting topography and the high demand for homes, Cape Town homeowners who live on large erfs should seriously consider subdividing their

Seven out of 10 of South Africa’s most home-dense estates have also enjoyed the most buying and selling activity over the past five years. This

Annual house price inflation in estates is almost 2% higher than the national average. This is according to Pam Golding Properties which quotes the

You need to take note of The Winston - being developed in the heart of Bryanston - for two main reasons: Its seamless flow

Q We need money for some maintenance at our complex and we don’t want to raise a special levy as people cannot afford it. We were

Q I have taken a look at my complex's proposed budget and I see a second rates increase for October this year to April this

What makes a top-rated estate? Is it the location, the golf course or the facilities on offer? Well, it’s all of this and much

If you are in the market for a sectional title property, request the minutes from the latest annual general meeting. By doing this, and

Q One of the owners of a section in our scheme has a deck area that is an exclusive-use area. He wants to enclose the deck

South Africa’s baby boomers generation comprised 13.2% (7,1m) of the country’s 54 million people in 2015 – two-thirds higher than the global number where

Prescribed Management Rule (“PMR”) 70 provides a remedy for the body corporate where an owner either fails to repair or maintain their section, or

There is currently no limit set on the number of proxies a trustee in a sectional title scheme can collect prior to a general

Q Hi Karien, we have a problem! At the AGM it was decided to elect six trustees. At the first trustees meeting after the AGM we took

Roots and branches of trees can cause a lot of damage if left to grow uncontrollably, to avoid this situation they should be cut

Q My balcony is leaking and I need the body corporate to fix it. But the chairman tells me that it is each owner’s responsibility

The old established concept of a granny flat has changed quite dramatically in the past two decades with most municipalities having gradually eased the

Q The owner of section 12 wants to add a room to his unit and our managing agent tells us that it will be extension

Enclosure of patios and balconies in sectional title schemes is a contentious issue that is notorious for creating endless debate and difficulty between owners

Q Hi, I have recently purchased a sectional title flat on the second floor. I want to demolish a non-structural wall that divides the kitchen

Sectional title units are popular investments for buy to let investors, with certain properties often bought specifically as holiday accommodation. In recent years online

Q I just read the story on HomeTimes entitled, Sectional title corner – can levies be hiked by more than 10%? While I agree that there

When a sectional title property is sold as a sale in execution, the municipality will be paid first if there are outstanding amounts on

Q How are sectional title levy annual increases calculated? Can the increase be up to 16%, and what informs that decision? – Lesego A Hi Lesego, In order

Q There was an insurance claim at my unit. Why am I responsible for the insurance excess? Surely the body corporate must pay the excess as

Moving is stressful, and moving with babies and toddlers in tow even more so. Young couples looking to raise their children in Cape Town’s

Sectional title owners cannot always have their assets repossessed to recoup disputed levies, according to Willem le Roux, director of sectional title finance company

Q The Sectional Titles Act states that participation quotas must be shown on the sectional plans to four decimal places. Why does mine only show

New homeowners in sectional title schemes are often not aware of the important functions fulfilled by a property management company. But it is this

Renovations or alterations to a sectional title unit need the prior approval of the trustees of a body corporate and the local municipality. This

Q If no provision was made for increased security services (i.e. from nights only (6pm to 6am) to 24 hours over weekends and public holidays

Little known Helderwyk Estate in Brakpan is widely regarded as the “Sandton of the East”, according to Michael van Heerden, Seeff’s manager in Brakpan

Dainfern Golf and Residential Estate in Fourways in Johannesburg’s northern suburbs has shown a steady year-on-year increase in property values over the past nine

Pam Golding Properties has been appointed to market the remaining 67 properties of the Benguela Cove Lagoon Wine Estate, 20 minutes from the town

Q We have decided to save money and not use a managing agent anymore. We have a number of retired people who can do the books.

National property management company Trafalgar has announced the merger of its Garden Route operation with that of Choice Property Management Services in Knysna, which

Q I own a unit on the second floor of an apartment building and it has an open balcony that I would like to enclose. One

Weighing up whether you want to buy into a sectional title scheme is at least part of the determination in selling your freehold home

Whether improvements to security constitute a "luxury" or "non-luxury" item, they are definitely an "improvement" to the common property and need the buy-in of

Q I am told that I am only allowed to hold two proxies for our upcoming AGM. And the managing agent also told me that I

Who has the right to vote at the Annual General Meeting of a sectional title scheme? The trustees - and voters - have their

Q My question (on behalf of several neighbours) is that we have a particular unit where there have been three previous owners with whom we’ve

The levy budget is one aspect of sectional title management where “shortcuts” should not be taken and particular attention to detail should be spent,

Solar panels and heat pumps in sectional title schemes can reduce overall electricity bills by as much as 40%. But companies which provide financing

Q The body corporate had a meeting last night and they made decisions that I am not sure they are allowed to make. I just

When buyers were given the option of plots or homes at Steenberg Golf Estate 22 years ago, at prices ranging from around R1 million,

Cenprop, the developer of a number of estates in KwaZulu-Natal, reports a successful initial launch of its latest offering, the retirement Lazuli Coastal Lifeystyle

Improper alterations in sectional title schemes may result in the loss of home loans being granted by banks to potential buyers. At the very

The end of the financial year brings with it the Annual General Meetings of Sectional Title Schemes. Apart from being up-to-date with your levies

Sectional title ownership is largely misunderstood by many prospective buyers who are not fully aware of what shared ownership of common property schemes entails.

“If you’re considering buying a sectional title unit for the first time, there are many things to consider and investigate before choosing the scheme

With most sectional title schemes nearing the end of their financial year (many run from March 1 to the last day of February), comes

There is often uncertainty in sectional title schemes about water leaks, the ensuing damp problems, and who is liable to pay for what damage. “However,

Recent industry statistics reveal that the demand for sectional title property saw steady growth in 2015, with total development plans for sectional title units increasing

[caption id="attachment_464" align="aligncenter" width="979"] Abstract view of an electricity pylon.[/caption] Electricity prices rose by more than 12% this year, compared to the previous financial year,

Sectional title flats and townhouses are the properties of choice for a large percentage of first-time homebuyers in South Africa – but while they

As sectional title apartments and townhouses become the homes of choice for an increasing number of buyers, the role of the trustees in sectional

Every section within a sectional title scheme has a participation quota (PQ) allocated to it – and this is not just an irrelevant number

The new range of Puzey Uber Scoot PTVs consists of a selection of five electric models and one petrol-powered unit. “This range is the most

The current national heatwave, increased water tariffs, “water-shedding” and looming water restrictions remind us of the scarcity of this resource and the need to

Marina Constas, director BBM Inc Attorneys, discusses why the tenant in a sectional title scheme will very soon have rights, a voice and be

Affordability, not security, drives the sectional title marketplace. This is according to research undertaken by HomeBid, the low commission estate agency. It further reveals