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Unlike traditional property ownership, where one owns the land and the building outright, sectional title schemes in South Africa allow for individual ownership of a "section" of the property, with shared ownership of common areas.
When a developer wishes to establish a sectional title scheme on land that has an existing building wholly or partially let for residential purposes, the developer has to comply with Section 4(3) of the Sectional Titles Act.
Before the coming into force of the Sectional Titles Schemes Management Act (8 of 2011) and the Community Schemes Ombud Services Act (9 of 2011), disputes involving owners and Body Corporates were adjudicated upon by the Courts.
Conflict within Sectional Title Schemes can be difficult to manage at the best of times, without the added stress of having to live cheek by jowl with the source of your conflict.
Fortunately the Community Schemes Ombud Services Act provides a means to a mediated legal settlement and resolution of the conflict.
When considering your options for retirement it is important for you to plan and carefully consider the financial implications that come with the various types of sales transactions.
A sectional title is the separate ownership of units or sections within a development or complex.
A sectional unit scheme consists of individual sections and the common property, whereas a sectional title unit consists of a section of a building with an undivided share of common property.
Property lawyers are often asked whose responsibility the repairs and replacements in a sectional title is.
When windows and doors require repairs, is the section owner financially responsible for it, or does the responsibility fall on the body corporate?
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