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Conviction •

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...
Conviction •

Between a rock and a foul-smelling place

Ashwini Singh

A precarious predicament unfolded in a Durban sectional title scheme recently. Absurdly, a rock was found in the complex’s sewer system, causing a major pipe blockage.

But here is where the real problem arose: a unit owner prevented plumbers from attending to the sewer system by not giving them access to the manhole in his unit where the rock was stuck. Insofar as the complex is concerned, can such selfish actions of a unit owner be entertained in a sectional title scheme setting...
Everything Property •

Exclusive Use Area boundaries in sectional title schemes

The concept of exclusive use rights can be complex to navigate in a sectional title scheme. However, not taking the time to understand the boundaries of a scheme’s Exclusive Use Areas can break a body corporate’s bank, writes Ashwini Singh.
WORDS & PHOTO: SUPPLIED
Singh says that, as the name suggests, an Exclusive Use Area (“EUA”) is a part of a sectional title scheme’s common property to which a specific section owner holds the exclusive use right over (to the exclusion of the other owners in...
Everything Property •

Residential sectional title schemes are not open for businesses

Sectional title schemes in South Africa are equal parts popular as they are restrictive, writes Ad Hoc Lecturer in law, Ashwini Singh. She says that, with 56 000 schemes registered nationally, they are all bound by the same regulations: one being that owners and occupiers are prohibited from running businesses within their sections in residential schemes.
WORDS & PHOTO: SUPPLIED
The Sectional Titles Schemes Management Regulations (the “STSM Regulations”) create Prescribed Management Rules (“PMRs...

PRESENTATIONS

SlideShare •

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...
SlideShare •

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
SlideShare •

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...
SlideShare •

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...

FEATURED VIDEOS

TEDxYouth •

Anime has something for everyone: Ashwini Singh at TEDxYouth@ACS

A self-confessed anime fanatic, Ashwini Singh has enjoyed more than 300 shows in the past three years. What could inspire such devotion? Her answer pulls together philosophy and technology and media studies, and takes apart thought-provoking scenes from a few of her favorite shows. Like all narrative forms, anime allows its fans to ponder the human condition ... so don't tell Ashwini it's only for children.

TEDxYouth@ACS is the IB CAS project of Dina Shriem and Dennis Hilgendorf. For more information, please visit our event profile (http://www.ted.com/tedx/events/10781).

In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video and live speakers combine to spark deep discussion and connection in a small group. These local, self-organized events are branded TEDx, where x = independently organized TED event. The TED Conference provides general guidance for the TEDx program, but individual TEDx events are self-organized (subject to certain rules and regulations).