Do you live in a complex or apartment building?
We are sectional title experts who live and breathe everything community scheme. We also assist Home Owners’ Associations.
It is crucial for those involved in sectional title schemes to take proactive steps such as updating rules, complying with POPIA and registering with CSOS to ensure legal compliance and smooth operation.
We can help you navigate these and other important aspects of effective scheme management.
1. Update your sectional title scheme rules:
Why it’s important: Scheme rules govern the day-to-day within a sectional title community and they need to adapt to changes in legislation and the community itself. Outdated rules can lead to conflicts and hinder effective management.
How we can assist: our legal experts can conduct a comprehensive review of your existing scheme rules, recommend updates to align with current laws and assist in the drafting and implementation of revised rules.
2. POPIA Compliance for sectional title schemes and HOAs
Why it’s important: The Protection of Personal Information Act is designed to protect individuals’ privacy. Sectional title schemes deal with sensitive personal information, and compliance is essential to avoid legal consequences.
How we can assist: We offer assessments of your scheme’s data handling practices, ensuring POPIA compliance. We can provide guidance on creating policies, implementing safeguards, and training staff to protect personal information.
3. CSOS Registrations and Annual returns
Why it’s important: The Community Schemes Ombud Service plays a crucial role in sectional title dispute resolution. registration with CSOS is mandatory for all community schemes, as is submission of annual returns to the CSOS within 4 months of the scheme’s financial year end.
How we can assist: Our firm can facilitate the CSOS registration and annual return process, ensuring that your scheme complies with the legal requirements. We also provide guidance on navigating CSOS procedures for dispute resolution.
4. Attendance at body corporate meetings
Why it’s important: The AGM is the cornerstone of effective governance in sectional title schemes. It allows for important decisions to be made, financial reports to be presented and provides a platform for community engagement. Every scheme is required to hold an annual general meeting within four months of the end of each financial year.
How we can assist: We can guide you through the AGM process, ensuring compliance with legal requirements, helping draft meeting agendas, and providing legal support during the meeting.
5. Financial Compliance of sectional title schemes
Why it’s important: Sound financial management is crucial for the wellbeing of any sectional title scheme. Ensuring compliance with budgeting, financial reporting and auditing requirements is essential for transparency and trust.
How we can assist: Our legal team can review your financial management practices, offer guidance on compliance, and assist in resolving any financial disputes that may arise.
Contact us at info@theadvisory.co.za to request a quotation for our assistance with any of the above areas.
