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Ok I Bought into Sectional Title Now What?

What is Sectional Title?

Buying in a Sectional Title Scheme means that you are the owner of a Section (part of the building , a section is shown on a sectional plan) which can include a balcony or a porch.  Sectional Title development (usually referred to as a scheme) which provides for ownership in part of a building.  These schemes are governed by the Sectional Titles Act 95 of 1986 (as amended)

By residing in a sectional title scheme there is a commitment to form part of a community that is bound by the sectional titles act and the rules

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Abomination Arbitration

With the introduction of the Ombudsman for sectional titles being just around the corner, I am making use of this opportunity to highlight some of the shortfalls of the current dispute resolution mechanisms. For anybody involved in sectional title administration, it should be quite clear that arbitration as a dispute resolution option is encumbered with some serious problems.

I come from a labour law background where I had to represent numerous parties in disputes at the CCMA. Generally, these labour disputes are well defined and demarcated in various categories as provided for in the Labour Relations Act, No 66 of 1995. The majority of unfair dismissal disputes revolve around two aspects namely procedural and substantive fairness. The current Sectional Titles legislation, and for that matter all the constitutions of homeowners that I’ve dealt with, provides very little clarification. Arbitration proceedings often don’t achieve the desired outcomes and win or lose, it frequently occurs that the issues the parties sought to clarify are left on the side-line and the dispute decided on some technical point. (more…)

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Special Rules for Commercial and Mixed-Use Schemes

I have recently been asked to assist in a dispute between the owners of a commercial sectional title scheme regarding the use of common property. In this particular instance, one of the owners was using a portion of the common property for the placement of a storage container, allegedly contrary to the rules of the body corporate which were those prescribed in terms of annexure 8 and 9 of the Act.

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