Third generation innovations to sectional title legislation and prescribed management and conduct rules

Background

The Sectional Titles Schemes Management Act (STSMA), together with the Community Schemes Ombud Service Act (CSOSA), both promulgated in 2011, has introduced a radical change in sectional titles legislation, both in the sectional titles industry and in communal living in general.

The regulations in terms of these Acts were published in the Government Gazette on 7 October 2016 and came into operation on the same day.

These two Acts are linked in respect of their administration. The third generation management and conduct rules contained in Annexures 1 and 2 to the regulations represent a most important innovation.

Aim

The aim of the seminar is to explain the innovations introduced by the STSMA, the CSOSA and by these third generation management and conduct rules in the spheres of–

  • custody and monitoring of the rules of sectional title schemes;
  • stricter financial control over administrative funds collected by bodies corporate;
  • transparency in the financial and administrative affairs of bodies corporate; and
  • the opportunity for more professional management of sectional title schemes.
The extent to which the prescribed management and conduct rules will interface with the services offered by the new Ombud Service will also be discussed.

Topics to be discussed

  • The interrelation between the Sectional Titles Act, the STSMA and the CSOSA
  • major innovations introduced by the STSMA
  • major features of the CSOSA
  • major and minor innovations under the new third generation management and conduct rules;
  • the approval, custody and amendment of scheme rules and their accessibility to the public;
  • the purpose and scope of the reserve fund and its impact on special levies;
  • the maintenance, repair and replacement plan introduced into the management rules;
  • the management and transparency of the financial affairs of the body corporate;
  • professional management under an executive managing agent;
  • maintenance of and improvements to the common property;
  • the relationship between the new management and conduct rules and the Ombud Service established under the Community Schemes Ombud Service Act.

Who should attend?

Attorneys, conveyancers, managing agents of bodies corporate, trustees of bodies corporate, owners of sectional title units, estate agents, developers and investors in sectional title schemes.

Transitional provisions

See the transitional provisions which will only take effect after the date of publication here.

Previous seminar on similar topic

In September 2012 a seminar was presented on the innovations in sectional titles introduced by the STSMA 8 of 2011.  This follow-up seminar has a much broader scope.  It covers all the topics mentioned above and focusses on the practical innovations introduced by the regulations of both the STSMA and the CSOSA.  Attendance of the previous seminar is not a prerequisite to benefit from this seminar.

Presenter - Prof Cornie van der Merwe

Cornie van der Merwe is a former Dean and currently Emeritus Professor at the University of Stellenbosch and the University of Aberdeen in Scotland. He is a Research Fellow at the University of Stellenbosch. He holds the degrees of BA LLB from the University of the Free State, BA (Hons) and BCL from Oxford University and LLD from the University of South Africa. He teaches a final year LLB course on Sectional Titles as well as an LLM course on Comparative Apartment Ownership at the University of Stellenbosch.


He was involved in the development and preparation of both the STSMA and the CSOSA up to the stage of promulgation. He was one of the lead consultants who assisted the Department of Land Affairs (now the Department of Rural Development and Land Reform) in the preliminary research and development for these two Acts.


He presented a seminar "Third generation innovations to sectional titles by the STSMA" (offered by the Centre for Legal Compliance) in September 2012 after the promulgation of the STSMA and the CSOSA.


He has given several presentations on sectional titles in South Africa and overseas, including a presentation on "Global Perspectives on Sectional Titles" at the national conference of the National Association of Managing Agents (NAMA) in 2011 and a presentation on "European Condominium Law: Nine Key Choices" at an interdisciplinary conference held at Herzliya University in Israel in 2015.

Dates and venues

Wednesday 16 November Cape Town (Fully booked)
Thursday 17 November Durban 
Monday 21 November Pretoria
Tuesday 22 November Pretoria (Fully booked)
Wednesday 23 November Johannesburg (Fully booked)
Thursday 24 November Port Elizabeth 
Wednesday 30 November Cape Town
Thursday 1 December Johannesburg

Half-day seminar

Registration: 08:00 – 08:30
Session 1: 08:30 – 10:30
Tea break: 10:30 – 11:00
Session 2: 11:00 – 13:00

Fees

R1,790

or

R1,590

for early registration*; or

R1,390

for very early registration*
10% discount on each of the above price levels for two or more people from the same law firm or company
* Cut-off dates for early fees on the registration page
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Prof Cornie van der Merwe
Presenter