Sectional Titles

Paddocks Press – August 07

Paddocks Press is an ad hoc free digital newsletter published to educate and update the sectional title community. The current issue (Volume 2, Issue 6) has a number of articles of interest including:

Separate rating of sectional title units - Judith van der Walt examines the introduction of the individual rating of sectional title units in Cape Town and in so doing answers the following questions which have caused confusion:

  • Are bodies corporate still entitled to recover levies on account of municipal rates from owners when they are no longer responsible for these amounts?
  • Can trustees insist that the owners pay "double rates"?
  • Must the owners call a special general meeting to give the trustees specific instructions to remove the rates component from the existing levies?
  • Should the "rates component" still be collected, perhaps in order to increase the maintenance reserves of the scheme?
  • Who must take the decision that the levies be "reduced" so as to avoid a double burden on owners?

My garden is walled so it's mine … and I'll build anything I want on it! - Just because your garden is walled does not mean it is yours. Generally gardens in sectional title schemes, whether walled or unwalled, are always common property and usually subject to exclusive use rights ("EUAs"). Karen Bleijs examines the nature of gardens, and how to find out if your garden is an EUA or not.

What is "Fractional ownership" and how does it apply in sectional title schemes? - Graham Paddock explains the concept using examples about fractional ownership and common property, fractional ownership and "fractional ownership rights" to sectional title units, and "fractionalised future development rights".

Paddocks Press Vol 2, Issue 6

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