Sectional title schemes

sectional title scheme
17 May 2023

Introduction

A sectional title scheme comprises three elements: the owners’ sections, exclusive use areas and common property. A sectional title scheme provides for dividing buildings into sections and common property and for acquiring separate ownership in sections coupled with joint ownership in the common property. The Sectional Title Schemes Management Act provides for establishing corporate bodies to manage and regulate sections and common property in sectional title schemes and apply rules to such schemes.

What is an exclusive use area?

Exclusive use areas are parts of the common property whereby an owner will pay an amount levied for that area’s exclusive right of use. Exclusive use rights can be acquired and held in terms of the applicable scheme.

What is common property?

The common property is the remainder of the land, which is utilised by all the owners, namely the grounds, driveways, roads, recreation facilities, and entrance areas, to name a few.

What are levies?

Levies compromise all the anticipated costs of running the scheme, namely, rates and taxes payable to the local authority, water, electricity and repair costs relating to any electrical installation on the common property, insurance in respect of the buildings in the scheme, managing agent fees, annual audit fees and security and maintenance fees. If insufficient funds are available for any maintenance and improvements, a special levy may need to be raised by the body corporate at a general meeting. Owners will be liable to make further contributions towards the levies.

What are management rules?

The Sectional Titles Act contains provisions regarding the management of the scheme. These provisions are referred to as Management Rules. By unanimous resolution, it is also possible for the body corporate to amend, substitute, add to or repeal management rules from time to time.

What is a sectional title dispute?

Sectional title disputes refer to a dispute between owners, tenants, trustees, neighbours, body corporates and third parties relating to a sectional title scheme (e.g. dispute relating to outstanding levies, nuisance, abuse of the common area, unsafe construction or building operations, etc.).

Conclusion

A sectional title scheme comprises various elements, the owners’ sections, exclusive use areas and common property. There are specific rules to be followed when living in a sectional title scheme, and special levies may sometimes be imposed.

If you require assistance with any disputes in a sectional title scheme, contact an attorney at SchoemanLaw.

See also:

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Robyn Shepherd

Robyn Shepherd obtained her LLB degree from the University of the Western Cape in 2016. She joined SchoemanLaw Inc as a Professional Assistant in February 2022 and was admitted to... Read more about Robyn Shepherd

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