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

03 September 2024,  Lizanne Maritz

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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670
Article
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1

05 July 2024,  Lizanne Maritz

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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1218
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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1051
Article
Responsibility to Maintain and Repair Foundations and Boundry Walls in a Sectional Title Scheme

08 June 2023

This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management... Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments.

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1435
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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646
Article
Can trustees ban your pet in a sectional title scheme?

08 May 2018

Problems around the ownership of pets are common amongst owners of sectional title properties, but while laws may be imposed... by the trustees of the homeowners' associations, the requirement for a reasonable approach is entrenched in the very laws which govern how a sectional title scheme should be managed.

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496
Article

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