Total recall
Roelie Rossouw argues that Conference Resolution No. 2/2009 should be recalled as it will lead to time delays, increased legal costs and slow the building of affordable housing.
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Capital of nature or capital punishment
Clint Riddin unpacks with examples the debate of the treatment of capital expenditure in the books of a body corporate.
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Paddocks Press – June 2010
The June free digital newsletter with its usual high quality content for the sectional title community was published recently.
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Amendment Bill 14 of 2010
The Sectional Tiles Amendment Bill, No. 14 of 2010 was published recently. It provides for the enactment of a number of amendments to the Act.
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Paddocks Press – May 2010
The May free digital newsletter with its usual high quality content for the sectional title community was published recently.
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Paddocks Press – April 2010
The April free digital newsletter with its usual high quality content for the sectional title community was published recently.
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Reserving the right
Alexandré Lombaard looks at reserving the right to extend in terms of s 25(6A), RCR 45/2007 and the position of "developers" of portions of the real right.
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Paddocks Press – January 2010
The January free digital newsletter for the sectional title community has been published.
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Pets
Jennifer Paddock considers what aggrieved owners or occupiers can do if trustees unreasonably prevent them from keeping pets.
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Paddocks Press – September 09
The September free digital newsletter for the sectional title community has been published.
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Courier – September 09
After some time MCS Courier is back on track with many articles of interest to the sectional title industry.
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Paddocks Press –July 09
The July ad hoc free digital newsletter for the sectional title community has been published, with an interesting take on Section 15B(3) of Act 95 of 1986
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Implementing decisions II
Thabo Nqhome has an alternative to the suggestion made by Graham Paddock and Anton Kelly about resolutions taken in terms of section 25.
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Paddocks Press –June 09
The July ad hoc free digital newsletter for the sectional title community has been issued.
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Paddocks Press –May 09
The May ad hoc free digital newsletter for the sectional title community has been issued.
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Special levies
Jennifer Paddock explains the law applicable to special levies so that you can be armed next time one is raised by the trustees in a scheme.
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What is fractional ownership?
Allen West explains what it is, what it involves, the various agreements, rights, expenses and tax implications.
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Paddocks Press – April 09
The April ad hoc free digital newsletter for the sectional title community has been issued.
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L.E.A.D sectional title workshop
Mr Michael Gregory will be presenting an intensive sectional title workshop under the auspices of L.E.A.D.
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Paddocks Press – February 09
The February ad hoc free digital newsletter for the sectional title community has been issued.
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Extension
Brian Agar offers an alternative interpretation to the application of s 24(6)(d) of the Sectional Titles Act - extension of schemes.
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VAT and fractional ownership
A discussion in the November Integritax Newsletter of SARS guidelines for fractional ownership structures.
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Paddocks Press – November 08
The November ad hoc free digital newsletter for the sectional title community has just been issued.
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Section 24(6)(d)
Allen West gives clarity to Section 24(6)(d) of the Sectional Titles Act 95 of 1986.
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Paddocks Press – August 08
The August ad hoc free digital newsletter for the sectional title community has just been published.
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Paddocks Press - July 08
The July ad hoc free digital newsletter for the sectional title community has just been issued.
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Couching of waiver
Marie Grové looks at matters concerning the couching of a waiver of preference in a sectional bond.
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Paddocks Press – June 08
The June ad hoc free digital newsletter for the sectional title community has just been published.
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MCS Courier – May 08
Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.
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Management failures
Graham Paddock considers sectional title management failures in the light of the liquidation of Sectional Title Administrators CC.
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Paddocks Press – March 08
The January ad hoc free digital newsletter for the sectional title community has just been issued.
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Section 4(2)
An interpretation by George Tsotetsi of section 4(2) of the Sectional Titles Act 95 of 1986.
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Consolidation check-list
Allen West provides a check-list for the consolidation of units.
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Paddocks Press – November 07
The November ad hoc free digital newsletter for the sectional title community has just been issued.
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Subdivision check-list
Allen West provides a check-list for the subdivision of a section.
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Paddocks Press – August 07
The August ad hoc free digital newsletter for the sectional title community has just been issued.
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Zim flats
The desperate state of affairs of a 10-storey Durban block of flats was likened by a Durban High Court judge on Wednesday to the situation in Zimbabwe.
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Paddocks Press – June 07
The June ad hoc free digital newsletter for the sectional title community has just been issued.
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Section 25 check-list
A check-list for the extension of a sectional title scheme in terms of section 25 of the Sectional Titles Act.
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Picking itself up
The latest UCT Sectional Title Scheme Management Course, presented via distance learning and lasting six months, begins on 4 June 2007.
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Tsunami
Sectional title owners must stand together to protect their rights in Cape Town, writes Graham Paddock.
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UCT course
Paddocks learning is to run a ten week Internet based sectional title course for estate agents.
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Notes on fractional ownership
C J de Jager corrects misconceptions about the legal nature of fractional ownership.
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Empowering the community
Sectional Titles Online (STO), a web site dedicated to providing everyone involved in sectional titles with free information, was launched recently.
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EUAs depicted on sectional plans
Discussion by Allen West about the need to amplify the definition of an exclusive use area.
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3rd Generation
Proposals for a planned Community Scheme Ombud Service law were debated at a two-day conference in Stellenbosch recently.
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Fill the gap
Don't be caught with an insurance gap for your sectional title development.
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MCS Courier – June 2006
The latest issue dealing with sectional title issues by Tertius Maree.
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Home owners associations – a reply
Thabo Nqhome comments on uncertainty surrounding the lodgement of consent from Home Owners Associations.
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Response to article
George Tsotetsi, Office of the Chief Registrar of Deeds, responds to an article by Mr O J Christie in the August 2005 De Rebus.
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2006 Sectional Titles Amendment Bill
The memorandum on the objects of the bill has been reproduced here for easy reference.
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Trust trustees
Do you trust your trustees?
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Home owners associations
Allen West considers when consent from home owners' associations must be lodged.
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Management rules
Patrick Maybin discusses the amendments to management rules as per Government Notice No R1109 of 18 November 2005.
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Conflict and crime
The police commercial crime unit is, for the first time, investigating charging trustees with fraud and other irregularities.
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Amendment commentary
Tertius Maree on amendments which affect standard management rules (MRs).
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Administrative structures
Tertius Maree applies existing legislation to model acceptable administrative structures for complex owners' associations.
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Owners' associations
Tertius Maree wants a uniform code for developers when it comes to administrative structures for complex owners' associations.
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Title bout
A dispute over a tree, among other things, goes all the way to the supreme court of appeal.
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Section 13
George Tsotetsi writes in the SA Deeds Journal on Section 13 of the Sectional Titles Act, 95 of 1986 and the examination of deeds.
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A suggestion
John Christie has suggestions for a better procedure for dealing with exclusive use areas in terms of s 27 of the Sectional Titles Act.
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Sectional Titles Amendment
Russell Warner writes about the Sectional Titles Amendment Act of 2005.
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Pros and cons
More than 700 000 South Africans live in sectional title complexes and they need to know what this entails.
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Landlords need protection
Scores of buildings in Johannesburg have been abandoned by their owners who have been unable to collect rent and yet owe millions for municipal services.
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Lapsing on completion of a right of extension
O Wade of the Pietermaritzburg Deeds Registry looks into this in the October 2004 SA Deeds Journal.
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Cession of exclusive use areas
In Cession of exclusive use areas, in the October 2004 SA Deeds Journal, Allen West dispels the uncertainty caused by section 27(4)(a) of the Sectional Titles Act 95 of 1986.
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Share block schemes converted - 2
Part two of the conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.
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Sectional title insurance
Sectional title trustees and managing agents have a responsibility to ensure that the insurance premiums for their schemes are paid.
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Regulation 68(1) copies
Maureen de Bruyn on the issue of sectional titles copies in terms of regulation 68(1) - from the SA Deeds Journal.
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Subdivision of common property - I
Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.
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Sectional title ombudsman?
In an attempt to solve sectional title disputes the land affairs department is to investigate the feasibility of introducing a sectional titles ombudsman.
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Geovy Villa judgment
The "Geovy Villa" judgment, regarded as a breakthrough for sectional title bodies corporate struggling to recover levy arrears, has been overturned by the Appeal Court.
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Split rights
Transfers of portions of a right to extend by the developer in terms of Section 25(4)(b) of the Sectional Titles Act 95 of 1986 by O V Wade.
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Sectional title confusion
The November amendment to section 37(2) of the Sectional Titles Act has sparked controversy in the property industry.
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Trustees and the acquisition of property
M S Mekwe investigates the Acquisition of property by trustees prior to their appointment as such by the master of the high court in the January Deeds Registration Law Newsletter.
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Common property maintenance
In The Buck Stops At the Body Corporate, on Property24, the responsibility of common property maintenance is canvassed.
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Sectional Titles Amendment Bill
The Sectional Titles Amendment Bill (B43-2002), proposes amendments to the Sectional Titles Act 95 of 1986 ("the Act").
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Sectional conduct rules
How to amend ST rules on Property24, underscores the need for the trustees of a scheme to understand that they cannot amend the conduct rules.
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Sectional title extensions
In a letter in the September issue of De Rebus, KG Mustard presents a contrary view to Rolf Gerke's July De Rebus article Extensions to sections. The position of the bondholder is also looked at.
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Alienation of common property
The article Alienation of common property revisited by Tertius Maree in the October 2001 De Rebus, summarises and discusses the necessary steps for the subdivision, transfer and registration of a part of the common property on which some sections are situated.
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Sectional title and hot water
Keeping a cool head over hot water on Property24 discusses the single exception to the general rule that a section owner is responsible for anything situated within the section and the body corporate is responsible for anything situated on the common property.
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Levy clearance certificate guidelines
A useful link to guidelines issued by the Cape Law Society. This was occasioned by complaints lodged by managing agents who administer sectional title schemes on behalf of bodies corporate, against conveyancers who attend to the transfer of sectional title units.
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Failure to pay levies
This article discusses what happens when members of a sectional title scheme fail to pay their levies. The authors suggest that the solution to this sad tale lies in the hands of the banks.
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Key differences
Home owners' associations are not the same as sectional title schemes, and the differences are important. Rob Paddock dispels some recent confusion.
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Confusion – a response
Thabo Nqhome responds and has some suggestions to obviate the cost and negative impact referred to in last week's article Confusion. More...
Confusion
Nkuba Ngoashend gives an example of confusion caused by a fully exercised right of extension with open bond endorsements.
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Encroachments
The practice for sectional title encroachments over public roads and public places in Cape Town.
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A history
A look at the beginnings of the UCT Sectional Title Scheme Management course since the first one in 2005 and its association with Paddocks.
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Courier – April 2010
Issue Number 36 of MCS Courier contains many articles of interest to the sectional title industry.
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Similarities and differences
Graham Paddock looks at the similarities and differences between sectional title schemes and home owners' associations.
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Paddocks Press – December 09
The December free digital newsletter for the sectional title community has been published.
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Levy collection
Jennifer Paddock outlines steps to be taken by trustees and managing agents against levy defaulters.
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Paddocks Press – August 09
The August free digital newsletter for the sectional title community has been issued and is full of useful articles.
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General levies
Jennifer Paddock outlines the process of raising general levies in sectional title schemes.
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Names
Gerard du Toit and Carl van Rooyen consider the brand name value of developments and how it should be protected. More...
Implementing decisions
Prof Graham Paddock and Anton Kelly look at implementing decisions to alienate a part of the common property.
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Disqualifications
Jennifer Paddock discusses the circumstances under which owners and trustees may be disqualified from voting in sectional title meetings.
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Fractional ownership - 2
Roelie Rossouw agrees with Allen West and has a number of pertinent points to add about fractional ownership schemes.
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Fractional Concerns
Corrie de Jager notes with concern the current tendency to promote, so called "fractional ownership" sales as something other than time share or share block sales.
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Old hat
Are share blocks old hat or a resurgent fashion asks Tertius Maree?
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Paddocks Press – March 09
The March ad hoc free digital newsletter for the sectional title community has been issued.
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Short course
A 3 day new short course on sectonal title property development is to be presented in Johannesburg.
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Paddocks Press – January 09
The January ad hoc free digital newsletter for the sectional title community has been issued.
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Paddocks Press – December 08
The December ad hoc free digital newsletter for the sectional title community came out towards the end of last year.
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3D
Monica Korf looks at an interesting case involving the property description of a yet to be built unit.
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Paddocks Press – October 08
The October ad hoc free digital newsletter for the sectional title community has just been issued.
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Paddocks Press - September 08
The September ad hoc free digital newsletter for the sectional title community has just been issued.
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Developer Course
UCT in conjunction with Paddocks Learning is to offer a Sectional Title Developer Course in October.
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Upping the game
The introduction of the FET Certificate in Real Estate means estate agents need to up their game writes Jennifer Paddock.
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MCS Courier – July 08
Edited by Tertius Maree, this publication carries news, articles and information of value to the sectional title industry.
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Paddocks Press - May 08
The May ad hoc free digital newsletter for the sectional title community has just been issued.
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Why knowledge is power
Judith van der Walt highlights the importance of having a knowledgeable managing agent of sectional title buildings.
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Paddocks Press – April 08
The April ad hoc free digital newsletter for the sectional title community has just been issued. More...
Paddocks Press – February 08
The February ad hoc free digital newsletter for the sectional title community is devoted entirely to generators.
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Paddocks Press – January 08
The January ad hoc free digital newsletter for the sectional title community has just been issued.
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Paddocks Press – December 07
The November ad hoc free digital newsletter for the sectional title community has just been issued.
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RCR 39/2003
Warren Hamer considers problems with lapsed real rights to extend in terms of Section 25.
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Paddocks Press – October 07
The August ad hoc free digital newsletter for the sectional title community has just been issued.
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Cuje-Jakoby
Concerning the written consent of owners for changing the intended use of a sectional title unit.
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Specialist estate agents
The second Sectional Title Specialist Realtor certificate course from UCT and Paddocks Learning is to begin in August.
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Sectional mortgage bond requirements
George Tsotetsi examines the requirements with which a sectional mortgage bond must comply in order to be registerable.
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Paddocks Press
An ad-hoc free digital newsletter for the sectional title community.
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Liability of a usufructuary
Joseph Maluleke looks at the liability of a usufructuary for payment of arrear levies in a sectional title scheme.
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NAMA portal
The National Association of Managing Agents (NAMA) unveiled its new Internet web portal on 15 March 2007.
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Pre incorporation agreements
Tertius Maree asks, "Are bodies corporate bound by pre-incorporation agreements entered into by developers?"
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Payment provisions
The problem of payment provisions for disputed sectional title debts when wishing to sell is examined by Roland Darrol.
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Check list
A check list to help with lodging or examining the opening of a sectional title register.
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Plugging the gap
A UCT Sectional Title Scheme Management Course "Plugging the knowledge gap in Sectional Title Scheme Management" is starting in December.
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Rates anomalies
Who is responsible for a council's revalued rates once a sectional title development has been transferred to the new unit owners?
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Phased mortgages
Phased sectional title developments can cause registration difficulties especially when one tries to register a single mortgage bond over a unit and an exclusive use area created in different phases.
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Encroachment of s25 rights
Warren Hamer looks at developers who encroach upon the rights of holders of real rights in terms of Section 25 rights of extension and on the common property.
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Fines on levies
Fines on overdue sectional title levies are legal according to a recent magistrates' court case in Bloemfontein.
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Real rights concerns
Corrie de Jager has some real concerns about real rights in this illuminating article.
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Another level
Sectional titles learning has reached another level with a six-month online certificate course.
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Subdivision of common property - IV
Alexandré Lombaard ends her discussion on the subdivision of common property in a sectional title scheme.
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Clampdown II
Russell Warner corrects some misconceptions about the Sectional Titles Amendment Act No 7 of 2005.
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Clampdown
A new protection mechanism has recently come into effect that has far-reaching consequences for sectional title owners.
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Subdivision of common property - III
Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.
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Accredited agents
Is the person managing your sectional title property an accredited professional?
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Section 15B(3)
George Tsotetsi tries to clear up misconceptions about the application of Section 15B(3) of the Sectional Titles Act.
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Subdivision of common property - II
Alexandré Lombaard continues her discussion on the subdivision of common property in a sectional title scheme.
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Subdivision of common property - I
Alexandré Lombaard discusses the subdivision of common property in a sectional title scheme.
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Owners at risk
Last minute changes to the Sectional Titles Amendment Bill could rob sectional title owners of a major victory in the fight against levy defaulters.
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Some comments
Lizelle Kilbourn pens some comments on the proposed amendments to the Sectional Titles Act, as contained in Bill 10B of 2005.
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Sectional Titles Amendment Bill
Proposed changes to Sectional Titles legislation could open the doors to possible abuse of exclusive use areas. More...
Managing agents
Sectional title bodies corporate and their trustees should ensure that they have clear, written contracts with their managing agents.
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Sectional title ombudsman
Consultants have been appointed to develop new sectional title legislation for the administration and management of sectional titles.
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When clusters lose lustre
The purchase of property in a cluster development could raise many potential problems.
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Sectional mortgage bonds
Does a sectional mortgage bond have to be lodged for endorsement in respect of the release of a portion of the common property being transferred asks the SA Deeds Journal?
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Share block schemes converted - 1
The conversion of share block schemes to sectional titles schemes and the resultant transfer of units is examined by Alexandré Lombaard in the SA Deeds Journal.
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Manage defaulters
Levies are the lifeblood of sectional title schemes. Think of them as being as important as bond repayments.
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Pro-rata rates collection
Bloemfontein has already implemented the separate collection of rates and taxes from sectional title units in terms of the new property rates legislation.
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Section 37(2)
Section 37(2) of the Sectional Titles Amendment Act continues to "cause consternation amongst key players in the industry".
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S 118(1) has its day in ConCourt
Yesterday (10 March) saw the opening rounds in the Constitutional Court regarding the fairness of holding landlords jointly responsible for municipal services debts incurred by the tenants of their properties.
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Section 118 Application
On the 3rd of March the Constitutional Court is to hear submissions by the Kwazulu-Natal Law Society regarding the provisions of s118 of the Municipal Systems Act.
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Clearance certificates ...
I have had feedback from Sapoa regarding the Sectional title confusion article. A report from their consultant which will shortly be considered by their specialist committee, expressed the following views.
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Excessive levy clearance fees?
Is an R800 fee charged by a body corporate for a levy clearance certificate excessive?
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Occupants from hell
Can a sectional title unit's body corporate successfully apply for an ejectment order against the occupants of a flat in the unit who continually contravene the unit's rules?
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Renting of common property
The strict requirements governing the rental of common property are looked at in this article on Property24.
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Enforcement of sectional title rules
 In Afdwing van deeltitelskemareëls, in the October 2003 De Rebus, Jack Nel discusses what steps trustees of a sectional title scheme may take to enforce the compliance of rules.
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Real rights option
The cession of real rights to owners so that they take ownership of the land and responsibility for the subsequent building of their unit has a number of advantages for both the developer and the owner.
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Proposed Sectional Titles Amendment Bill
In terms of Government Notice 1993 of 2003, The Sectional Titles Amendment Bill, 2003, is to be introduced into Parliament.
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Extensions to sections
Rolf Gerke, writing in the July 2003 edition of De Rebus, explains his interpretation of the application of s 24(6)(d) of the Sectional Titles Act 95 of 1986 in the light of Registrar's Conference Resolution 31 of 2002.
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Sectional title and damp
 Dealing with damp in sectional title on Property24 provides a useful introduction to the potential problems which can arise in sectional title schemes when damage is caused by water leaks.
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What is an exclusive use area?
The author examines the confusion about the nature and status of certain exclusive use areas, the terminology used and how they are dealt with in the sectional title environment.
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