24 June 2022
4 July 2022
The University of Cape Town, in conjunction with Paddocks, offers this short course on community scheme management in Sectional Title property. This course was developed by Graham Paddock, and is presented by Ané de Klerk of The Advisory.
This 3-month part-time online short course will introduce you to the legal aspects of sectional title property management and equip you to manage property within sectional title schemes based on the Sectional Titles Act and Sectional Titles Schemes Management Act.
This short course includes a one-day intensive workshop, followed by a one-day exam. Both the workshop and exam are presented online.
MODULE 1: INTRODUCTION TO SOUTH AFRICAN LAW
This module is designed to provide the learner with a basic knowledge and understanding of the South African legal environment in which sectional title schemes operate. The module includes an overview of contracts, and other legislation and by-laws that affect sectional title scheme management.
MODULE 2: RIGHTS IN REAL PROPERTY
In this module, we define ownership and limited real rights. We look at what can be done with owned property and what limitations are imposed by the rights of others on an owner’s use of their property. We examine the different types of limited real rights that can be held over fixed property, and mention the different types of community schemes that currently exist.
MODULE 3: SECTIONAL TITLE SCHEMES BODIES CORPORATE AND OWNERS
In this module, we introduce the main components of a sectional title scheme and the fundamental concepts that students must grasp to be able to understand the more complex concepts dealt with in subsequent modules. We give an overview of the management of the scheme and the role of owners.
MODULE 4: AGENCY AND MANAGING AGENCY
In module 4 we examine the concept of agency and explain the appointment of the managing agent, the body corporate’s duties to the agent and his or her duties and obligations to the body corporate.
MODULE 5: FINANCIAL MANAGEMENT
Sound financial management of a scheme is the most important management task. In this module, we look at the legislated requirements for the collection and proper use of owners’ contributions, insurance, and accounting and financial record keeping.
MODULE 6: ADMINISTRATIVE MANAGEMENT (PART 1)
In this first part of administrative management we look at the rules that apply to sectional title schemes and how they are made and changed. We explain how the trustees are appointed, the fiduciary nature of their office, and how they make their decisions.
MODULE 6: ADMINISTRATIVE MANAGEMENT (PART 2)
In part 2 of administrative management we focus on member meetings and their resolutions. We explain how schemes can be administered by a court appointed administrator, and the legislated requirements for record keeping, and member access to those records.
MODULE 7: PHYSICAL MANAGEMENT
This module examines the requirements and operation of body corporate and owner maintenance of the common property and sections, how schemes and sections can be altered, and the rights and restrictions of owners in their use of their sections and the common property.
MODULE 8: DISPUTE RESOLUTION
In this module, we look at resolving disputes in schemes. We examine internal dispute resolution processes, applications to the Community Scheme Ombud for dispute resolution and its processes, and arbitration and litigation when they are appropriate.
Anyone involved in scheme management, and particularly those who render management services to schemes, including managing agents, attorneys, estate agents, scheme auditors and accountants, dispute resolution service providers and trustees.
Ané de Klerk is an admitted Attorney of the High Court (BA, LLB), specialising in both sectional titles and HOAs. She has extensive experience as a Portfolio Manager of a large managing agency, as well as being the Course Instructor on all Paddocks short course since 2019.