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Filter: Sectional Title and Community Schemes
What Does Being a Trustee of a Body Corporate Entail (Part 2)

05 February 2026,  Grant Hill

In Part One of this article, we explained that a replacement trustee may be appointed by the remaining trustees when... a trustee ceases to hold office, or, if all trustees have vacated their positions, by the members in a general meeting. The appointment is for a specified period, for example, six months or usually until the next Annual General Meeting. They need not be an owner and will have the same functions and be subject to the same obligations as a trustee.

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989
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 2

03 September 2024

Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The issue in the appeal is firstly, the statuses of the parties, consequently, whether the body corporate's reliance on the statutory embargo is susceptible to challenge and secondly, the High Court’s order, which irrespective of the interpretation given to the embargo provision, cannot stand.

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Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

05 July 2024

Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional... Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. 

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2632
Article
Is There a Need for Sectional Ownership?

03 June 2024,  Grant Hill

Professor C.G. van der Merwe, the doyen of sectional titles in South Africa, sets out the reasons for introducing sectional... ownership into a legal system. He states that these reasons or aims are similar worldwide and mean legislative recognition of the social, economic, and physiological needs of society.

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Article
A Developer's obligations to existing lessees when establishing a sectional title scheme

09 March 2020,  Grant Hill

Does the Sectional Titles Act 95 of 1986 give effect to the principle of "Huur gaat voor koop" and afford... protection to lessees of flats in a proposed sectional title scheme? The Act imposes certain obligations on a developer that supports the principle and to a large degree affords statutory protection to lessees. This article highlights the obligations, namely the one of notice and the one of a statutory-created right of pre-emption in favour of a lessee.

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4256
Article
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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Article

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