Sectional Titles

Paddocks Press – November 08

Paddocks Press is an ad hoc free digital newsletter published to educate and update the sectional title community. The current issue (Volume 3, Issue 11) has a number of articles of interest, including:

Scheme contracts - Judith van der Walt looks at the concept of contracts entered into on behalf of the body corporate prior to its establishment and notes that the Sectional Titles Act makes it very clear in Section 47(2) that a body corporate is not bound to debts or obligations arising from any contract entered into by the developer. Despite this some developers attempt to bind the body corporate prior to its establishment such as the developer not having to pay any management expenses to the body corporate for unsold sections. Or the attempted binding by a developer of body corporates to managing agents after they have come into existence.

Building maintenance: choosing and using a building contractor - Rob Paddock (Rob the builder) offers practical insight into what to look for in a contractor, essential provisions of a maintenance contract and what to expect in terms of the contractor's performance.

State of the sectional title nation - Prof Graham Paddock writes that there are some 35 000 sectional title housing schemes in South Africa and about 680 000 sectional title housing units. With some 3 500 property managers throughout South Africa, the average specialist sectional title property manager probably cares for about 30 sectional title schemes. He notes that these are assumptions because there is a lack of specific and dependable data.

Q & A with the Professor - Professor Graham Paddock replies to a number of questions including:

  • The right to have records e-mailed.
  • Late payment admin fees.
  • Building alterations in a Home Owners Association.
  • Common property improvement without permission.
  • Holiday letting.
Paddocks Press Vol 3, Issue 11

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