By Ané de Klerk Trying to collect arrear levies is undoubtedly one of the most frustrating elements of managing a body corporate. It therefore comes as no surprise that one…
By Auren Freitas dos Santos In the daily functioning of sectional title schemes, some practices become so entrenched that few pause to question their legal foundations. One such practice is…
By Ané de Klerk It is often said that Conduct and Management Rules without a Fining Rule have “no teeth”. As much as we would like owners and occupants to…
By Ané de Klerk A sectional title scheme’s Annual General Meeting (“AGM”) is the most important meeting members will have during the body corporate’s financial year. It is here that…
By Auren Freitas dos Santos In a recent High Court matter, a Cape Town-based body corporate sought to recover R1,104,323.11 in alleged arrear contributions dating back to December 2018 from…
By Auren Freitas dos Santos In this article we discuss a High Court judgment which highlighted a significant legal debate concerning the jurisdiction of the Magistrates’ Court in matters involving…
By Auren Freitas dos Santos In sectional title governance, trustees serve as the operational backbone of a body corporate, executing decisions and managing day-to-day affairs. However, their actions must align…
By Auren Freitas dos Santos In a recent Judgment handed down on 2 September 2024, the Western Cape High Court addressed a pivotal issue concerning the jurisdiction of the Community…
By Ané de Klerk The vast majority of the decisions made in a sectional titles schemes management context are made by ordinary resolution. This means that, most of the time,…
By Auren Freitas dos Santos This article focuses on an important judgment handed down by the KwaZulu-Natal High Court, Durban on 26 March 2018 which offers valuable insights for owners…