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This week marks the 5th anniversary of two incredibly important pieces of legislation pertaining to sectional title living, with both the Community Schemes Ombud Service Act and the Sectional Titles Schemes Management Act, Regulations and Rules coming into operation on 7 October 2016.
However, despite these pieces of legislation having been in effect for half a decade, many owners and trustees, and even managing agents and attorneys, are still not familiar with the provisions of these Acts. This leads to decisions being made and disputes being resolved using references to outdated legislation, or with simply no reference to any legislation at all. Therefore, it is imperative that every role player within a sectional title scheme has a clear understanding of the law and that decisions are then made within these bounds.
There are two possible avenues to take in ensuring that decisions made within a body corporate are done so legally and that prescribed protocols are followed: education and expert legal advice.
Ensuring that you are properly educated before decisions are made can prevent illegal decisions as well as ensure that decisions made are not challenged down the line. This education can take the form of enrolling in one of our Paddocks UCT short courses, or by simply making use of and sharing free resources, such as the archive of articles on our website.
However, If you are faced with a decision where you feel that additional input from an expert would be the best option or you want to ensure that there will be no uncertainty once decisions are taken, our legal team is on hand to assist via a private consultation. Simply send your query through to info@theadvisory.co.za in order to receive a no-obligation quote for the team's assistance with your matter.
If you are considering enrolling in one of our short courses, please note that late registrations for the Paddocks UCT Scheme Manager - Home Owners' Association online short course close this Friday 8 October 2021, and that we have Early Bird specials running for the other two courses until 15 December 2021 (More detail under the "Paddocks UCT short courses" heading below).
In this month's newsletter, Auren's article discusses why you should consult an expert before preparing a 10-year Maintenance, Repair and Replacement Plan, and Ané discusses what managing agents should be aware of before actioning payments on behalf of a body corporate (article links provided lower in the newsletter):
- Read this before preparing a maintenance, repair and replacement plan by Auren Freitas dos Santos
- A managing agent’s checklist for making payments by Ané de Klerk
You can also find this month's #AskAuren post on our Facebook and LinkedIn pages, where Auren discusses whether trustees can remove a fellow trustee. Read his answer at the links below and be sure to like and follow us to receive weekly updates:
Kind regards,
Auren, Anė and Tim
Please note: You are on our mailing list because you have made contact with us via our website or one of our team members - you can unsubscribe at any time using the link at the bottom of this email, but we hope that you will find value in the information shared and remain subscribed to receive future updates.
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#AskAuren - You are invited to send us any questions regarding community scheme living. Every month the most interesting question will be selected and answered by Auren on our Facebook and LinkedIn pages. To submit your question, all you need to do is reply to this newsletter and like or follow the social media pages linked above.
Please note that our answers should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any answer. Always contact our consulting department should you require specific and detailed advice.
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Paddocks UCT short courses
Articles - October 2021
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