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Understanding levy stabilisation funds in South African sectional title schemes

Introduction Levy stabilisation funds play a pivotal role in South African sectional title schemes, particularly those tailored for retired individuals. Designed to alleviate the burden of fluctuating levies on fixed incomes, these funds ensure that ordinary…

Provided By SchoemanLaw Inc

by Johan de Lange

The Power of the Embargo – A reaffirmation of the Body Corporate’s right to impede transfer of a sectional title unit

In the recent decision of the Supreme Court of Appeal in the matter between The Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZA SCA 143, the court underscored the inherent right of a body corporate to block the transfer of a property by withholding…

Provided By Adams & Adams

by Alicia Heyneke

Wingate Body Corporate v Pamba and Another: Approach a court rather than CSOS at your peril

The CSOS Act provides that the Ombud presides over a dispute resolution mechanism in community schemes: be wary of going to court rather than this...

Community Schemes

Sectional title schemes

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...

by Robyn Shepherd

Parliament gives green light to Sectional Titles Bill

Parliament has passed the Sectional Titles Amendment Bill and sent it to president Ramaphosa for assent. The bill was tabled in parliament in November 2020. The bill’s...

Join Nicolene Schoeman-Louw on @Radio786 – Sectional title disputes

Join Nicolene Schoeman-Louw on @Radio786 tonight at 18h10, she will be talking about sectional title disputes. Please WhatsApp your questions to Radio 786 on 0 786...

by Kelly Barnett

Not happy with the CSOS order? Here is your next step…

It is a common cause that disputes may arise between members of community schemes. It is therefore paramount that provisions be in place to facilitate...

by Robyn Shepherd

Sectional Titles Amendment Bill under the spotlight

The national council of provinces has been briefed on the Sectional Titles Amendment Bill. The bill was tabled in parliament in November 2020. The bill’s explanatory summary...

Quantum of interest claimed

Quantum of interest claimed – in duplum rule: The defendant in Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC) was the owner of...

by Merilyn Kader

Love thy neighbour as thyself – Short-term rentals and the law

Can this 2000-year-old commandment effectively address the complexity of contemporary disputes between neighbours? Many have found that trying to love one’s neighbour is not always...

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