Background

The Sectional Titles Schemes Management Act, together with the Community Schemes Ombud Service Act, will introduce a radical change in sectional titles legislation and the sectional titles industry.

The management provisions of the Sectional Titles Act have been removed and substantially re-enacted in a consumer-friendly new Sectional Titles Schemes Management Act; and The Community Schemes Ombud Service Act has established an Ombud Service in the central office of the chief ombud to monitor and safeguard sectional title rules and to solve sectional title disputes in several regional offices operated by a regional ombud and adjudicators who specialise in sectional titles.

This practice manual focuses on the innovations in sectional titles introduced by the Sectional Titles Schemes Management Act (STSMA), while a future seminar will, DV, deal with the aims, functions, operations etc of the new Ombud Service and discuss the most important provisions of the Community Schemes Ombud Service Act (CSOSA).

Coming into operation

These two Acts are expected to come into operation before the end of this year or early next year.

Aim

The practice manual aims to explain how the legislator set about separating the management provisions of the Sectional Titles Act (STA) from the registration provisions and analysing the various innovations generated in the new Sectional Titles Schemes Management Act.  Information is also provided on the extent to which the STSMA will interface with the services and facilities offered by the new Ombud Service.

Topics discussed

  • a brief synopsis of the separation and extraction of management issues from the Sectional Titles Act
  • minor and major amendments to the Sectional Titles Act by the Schedule to the STSMA
  • general purpose of the STSMA
  • important innovations under the STSMA
  • the interrelation between the STSMA and the Ombud Service established under the SCOSA