Sectional Titles

Conflict and crime

The police commercial crime unit is, for the first time, investigating charging trustees with fraud and other irregularities. According to Karen Bleijs, sectional title expert at law firm Biccari Bollo, "the act has no teeth," and "unless you can prove a serious criminal act, there is little you can do against trustees." Fines ranging from R100 to R1 000 as laid down in the Sectional Title Act are little more than a rap over the knuckles.

Generally cases arise from a dispute between the trustees and one of the owners. One current example is the dispute between Warren Williams and the secretary of Brentwood Park in Morningside, Johannesburg - Martin van Achterbergh. Williams accuses van Achterbergh of running the project as his own fiefdom and examples of this behaviour include the trustees not being properly appointed; no proper books of account being kept and the siphoning-off of up to one-third of the body corporate's income.

Article on Netassets

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