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Sectional title trustees can face consequences for breaching scheme rules
Law academic Ashwini Singh shares that it is the priority of a sectional title scheme’s trustees to serve their body corporate and not their self-interests. Trustees have a fiduciary duty to act in the best interests of a body corporate, however, there have been instances when trustees regrettably breach the very rules of the scheme that they are supposed to be upholding.
WORDS & PHOTO: ASHWINI SINGH
Rules apply equally to all owners and occupiers in a scheme, and the reality is that no owner no...
WORDS & PHOTO: ASHWINI SINGH
Rules apply equally to all owners and occupiers in a scheme, and the reality is that no owner no...
Understanding the Elements of an Auction Notice in South Africa
Understanding the Elements of an Auction Notice in South Africa:
- The Government Gazette
- The header of an auction notice
- The conditions of an auction noticeRead less
Understanding the Elements of an Auction Notice in South Africa:
- The Government Gazette
- The header of an auction notice
- The conditions of an auction noticeRead less
- The Government Gazette
- The header of an auction notice
- The conditions of an auction noticeRead less
Understanding the Elements of an Auction Notice in South Africa:
- The Government Gazette
- The header of an auction notice
- The conditions of an auction noticeRead less
Photo featured on Everything Property
Photo featured on Everything Property
Legal alert: Why duplicate community scheme disputes are rejected in South Africa
Dear Conviction,
There is a dispute in my complex involving the body corporate, and it is in court. The trustees took the same case to the Community Schemes Ombud Service, and now there are two cases about the same dispute.
I do not know much about law, but is it not redundant to have the same issue before two different legal forums? Would that not cause double the lawyer costs? What if one places rules differently from the other?
Ashwini Singh provides the following insight:
The Communi...
There is a dispute in my complex involving the body corporate, and it is in court. The trustees took the same case to the Community Schemes Ombud Service, and now there are two cases about the same dispute.
I do not know much about law, but is it not redundant to have the same issue before two different legal forums? Would that not cause double the lawyer costs? What if one places rules differently from the other?
Ashwini Singh provides the following insight:
The Communi...
Navigating sectional title disputes: Choosing between ombud and court
Dear Conviction I was wondering if you could advise me on a sectional title matter. I have a dispute in my complex, and I have heard that I can escalate it to the Community Schemes Ombud Service. However, I also read that the same dispute can be taken to court. My question is: how do I know if the dispute falls under the Ombud’s jurisdiction or if it should go to court? I am asking because I understand that the Ombud does not allow legal representation. Ashwini Singh provides the following in...
Vexatious Litigation in South African Law
Vexatious litigation in South African law and the remedy in terms of the Vexatious Proceedings Act 3 of 1956.Read less
Vexatious litigation in South African law and the remedy in terms of the Vexatious Proceedings Act 3 of 1956.Read less
Vexatious litigation in South African law and the remedy in terms of the Vexatious Proceedings Act 3 of 1956.Read less
Noisy neighbour running business: What are your rights in sectional title schemes?
I live in a townhouse complex in Johannesburg. I have a problem with my neighbour who runs a business that seemingly involves virtual lectures. I have no problem with this, but the issue is the noise. I can hear everything and may as well be part of his class.
On two occasions I have approached him, and he apologised, but only to do the same thing again. Do I call the police, report to the body corporate?
Ashwini Singh advises:
You would have to report the noise to the trustees of your body c...
On two occasions I have approached him, and he apologised, but only to do the same thing again. Do I call the police, report to the body corporate?
Ashwini Singh advises:
You would have to report the noise to the trustees of your body c...
Artificial Intelligence in the Courtroom: A Marvel or a Menace?
“Artificial Intelligence” and “AI” have undoubtedly become international catchphrases in the late 2010s and early 2020s. With the concept formerly conceived in the 1950s (Reiling 2020, p.2), AI is widely understood as the utilisation of technology to automate tasks that traditionally require human intelligence (Surden 2019, p.1307). Dr Dory Reiling (2020, p.2), a former senior judge of the Amsterdam court, defines intelligence as...
Case Scenarios on Expertise Through Qualifications
Case Scenarios on Expertise Through Qualifications
Highlighting the importance of maintaining appropriate credentials in order to provide expert opinion.Read less
Case Scenarios on Expertise Through Qualifications
Highlighting the importance of maintaining appropriate credentials in order to provide expert opinion.Read less
Highlighting the importance of maintaining appropriate credentials in order to provide expert opinion.Read less
Case Scenarios on Expertise Through Qualifications
Highlighting the importance of maintaining appropriate credentials in order to provide expert opinion.Read less
Equal Rule Enforcement in Sectional Title Schemes
The importance of equal rule enforcement in sectional title schemes in South Africa, according to the Sectional Titles Schemes Management Act 8 of 2011. Case scenario included.Read less
The importance of equal rule enforcement in sectional title schemes in South Africa, according to the Sectional Titles Schemes Management Act 8 of 2011. Case scenario included.Read less
The importance of equal rule enforcement in sectional title schemes in South Africa, according to the Sectional Titles Schemes Management Act 8 of 2011. Case scenario included.Read less
Making sectional title rules that work: A practical guide
Sectional title schemes are like little cities. While cities have by-laws, sectional title schemes have rules which are divided into two categories: management rules and conduct rules.
Management rules
As the name suggests, management rules relate to the management of a scheme. These rules can come in the form of Prescribed Management Rules as described under the Sectional Titles Schemes Management Regulations, or as established specifically for a scheme in terms of subsection 10(2)(a) of the...
Management rules
As the name suggests, management rules relate to the management of a scheme. These rules can come in the form of Prescribed Management Rules as described under the Sectional Titles Schemes Management Regulations, or as established specifically for a scheme in terms of subsection 10(2)(a) of the...
Exclusive Use Area Registration in South Africa
Registration of Exclusive Use Areas (EUAs) in sectional title schemes in South African law.Read less
Registration of Exclusive Use Areas (EUAs) in sectional title schemes in South African law.Read less
Registration of Exclusive Use Areas (EUAs) in sectional title schemes in South African law.Read less
When the law is broken: The consequences of ignoring rules in your complex
There are many unit owners who don’t follow the law; some trustees even. At my complex, there’s a trustee who gave himself permission to keep a dog (we are a no pets area). But no one wants to do anything because he a doctor.
Ashwini Singh Advises:
If the dog is affecting you (ie it keeps entering your section/Exclusive Use Area), then you can approach the Community Schemes Ombud Service for an order against the owner prohibiting the dog from entering your section or Exclusive Use Area. If...
Ashwini Singh Advises:
If the dog is affecting you (ie it keeps entering your section/Exclusive Use Area), then you can approach the Community Schemes Ombud Service for an order against the owner prohibiting the dog from entering your section or Exclusive Use Area. If...
Rules for a reason
Eyebrows were raised when a Durban-based ethics researcher refused to recuse himself as a trustee in the body corporate he served when he had a conflict of interest in a matter being considered.The trustee, who used his profession as an ethics researcher to rationalise his unethical actions, continued to be involved in decision-making within the body corporate despite his personal interests. This begs the question: can trustees influence decisions in which they have a conflict of interest?The an...
Understanding South African High Court Judgments
Understanding South African High Court Judgments –
Case cited:
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
Reportable
CASE NUMBER: 2629/2017
In the matter between:
OLIVE MARKETING CC Plaintiff
and
EDEN CRESCENT SHARE BLOCK LIMITED First Defendant
ETHEKWINI MUNICIPALITY Second Defendant
and
SHEPSTONE AND WYLIE First Third Party
ANTHONY MAURICE SCOTT Second Third Party
GEOFFREY NORMAN OLDFIELD Third Third Party
DARRYL MARTIN SCHOU Fourth Third Party
JONATHAN NEIL BERGER...
Case cited:
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
Reportable
CASE NUMBER: 2629/2017
In the matter between:
OLIVE MARKETING CC Plaintiff
and
EDEN CRESCENT SHARE BLOCK LIMITED First Defendant
ETHEKWINI MUNICIPALITY Second Defendant
and
SHEPSTONE AND WYLIE First Third Party
ANTHONY MAURICE SCOTT Second Third Party
GEOFFREY NORMAN OLDFIELD Third Third Party
DARRYL MARTIN SCHOU Fourth Third Party
JONATHAN NEIL BERGER...
Protection order among the consequences of trespassing in an 'Exclusive Use Area'
With many South Africans opting to reside within community schemes for the purposes of safety, one of the most popular types of residential schemes are sectional title developments. Stemming from these complexes is a recurring dispute: Exclusive Use Areas (better known as “EUAs”).
An Exclusive Use Area is as the name denotes – an area by which an owner holds the exclusive right to use and enjoy, to the exclusion of the other members of the scheme. EUAs can come in the form of garden areas, cour...
An Exclusive Use Area is as the name denotes – an area by which an owner holds the exclusive right to use and enjoy, to the exclusion of the other members of the scheme. EUAs can come in the form of garden areas, cour...
Using the SAGC Website to Verify Geomatics Professionals
How to use the South African Geomatics Council website database to verify if a person is a geomatics professional registered in terms of the Geomatics Profession Act 19 of 2013.Read less
How to use the South African Geomatics Council website database to verify if a person is a geomatics professional registered in terms of the Geomatics Profession Act 19 of 2013.Read less
How to use the South African Geomatics Council website database to verify if a person is a geomatics professional registered in terms of the Geomatics Profession Act 19 of 2013.Read less
Sectional Titles: No Place for Funny Business
Residential sectional title schemes in South Africa are no place for businesses to be run from according to the national laws, including the CSOS Act and the STSM Regulations.Read less
Residential sectional title schemes in South Africa are no place for businesses to be run from according to the national laws, including the CSOS Act and the STSM Regulations.Read less
Residential sectional title schemes in South Africa are no place for businesses to be run from according to the national laws, including the CSOS Act and the STSM Regulations.Read less
The South African Legal Practice Council Website: How to Verify a Legal Pracitioner
How to use the South African Legal Practice Council (LPC) website (Legal Practitioners) database to verify whether a person is an admitted attorney in terms of the Legal Practice Act 28 of 2014.Read less
How to use the South African Legal Practice Council (LPC) website (Legal Practitioners) database to verify whether a person is an admitted attorney in terms of the Legal Practice Act 28 of 2014.Read less
How to use the South African Legal Practice Council (LPC) website (Legal Practitioners) database to verify whether a person is an admitted attorney in terms of the Legal Practice Act 28 of 2014.Read less
How to Read a Court Roll in South Africa
How to read a Court Roll in South Africa:
-The Southern African Legal Information Institute (SAFLII)
-Understanding the elements of a Court Roll: Header & CasesRead less
How to read a Court Roll in South Africa:
-The Southern African Legal Information Institute (SAFLII)
-Understanding the elements of a Court Roll: Header & CasesRead less
-The Southern African Legal Information Institute (SAFLII)
-Understanding the elements of a Court Roll: Header & CasesRead less
How to read a Court Roll in South Africa:
-The Southern African Legal Information Institute (SAFLII)
-Understanding the elements of a Court Roll: Header & CasesRead less
Body Corporates Beware: Defamation in Sectional Title Schemes
Defamation in Body Corporates of Sectional Title Schemes (South Africa)
Examples of Slander in a Body Corporate:
- Unit Owner A makes a false statement that Unit Owner J is being sequestrated and foreclosed at an Annual General Meeting.
- Body Corporate Chairman O makes a false statement that a
registered Professional Land Surveyor has committed fraud at an Annual General Meeting.
Examples of Libel in a Body Corporate:
- Former Trustee A makes false statements via email (sent to multip...
Examples of Slander in a Body Corporate:
- Unit Owner A makes a false statement that Unit Owner J is being sequestrated and foreclosed at an Annual General Meeting.
- Body Corporate Chairman O makes a false statement that a
registered Professional Land Surveyor has committed fraud at an Annual General Meeting.
Examples of Libel in a Body Corporate:
- Former Trustee A makes false statements via email (sent to multip...
The Law of Dogs in Sectional Title Schemes
The Law of Dogs in Sectional Title Schemes (in South Africa):
-PCR 1(1) of the STSM Regulations:
“The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.”
-PCR 1(2) of the STSM Regulations:
“An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees’ consent to ke...
-PCR 1(1) of the STSM Regulations:
“The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.”
-PCR 1(2) of the STSM Regulations:
“An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees’ consent to ke...
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