Background

The most recent case law has an impact on sectional title management and home owners associations. The law is not static – whether as a result of the passage of new laws, changes to existing legislation or court judgments interpreting existing legislation and principles, there are always new developments. This is particularly noticeable in the developments in the law relating to the management of sectional title schemes and HOAs, which is not surprising as communal living has become increasingly popular in South Africa and our law in this regard is constantly being adapted.

Aim

The practice manual is therefore ultimately aimed at bringing sectional title and HOA management practitioners fully up to date with the latest judgments and changes in legislation. In this context, the underlying structures of sectional title schemes and HOAs are discussed to make it easier for the reader to distinguish between the communal living systems that one finds in sectional title schemes on the one hand and HOAs on the other.

Outline

  • The legal structure of and administrative management requirements of sectional title schemes When may they trade?
  • The most recent case law on sectional title management
  • The legal structure of and administrative management requirements of HOAs
  • The most recent case law dealing with HOAs
  • A comparison between sectional title and HOA schemes and their management requirements
  • The impact that the Community Schemes Ombud Service Act (expected to become effective in 2013) will have on sectional title schemes and HOAs
  • The impact of the Sectional Titles Schemes Management Act (expected to become effective in 2013 in conjunction with the Community Schemes Ombud Service Act) on sectional title scheme management