Sectional Title Living

Living in a secure complex has its advantages, such as safety and cost, but it comes with its disadvantages too. Residing in such close proximity to others, mostly strangers, can create a number of problems.

What is a Body Corporate?

• The Body Corporate of a sectional title complex is a legal entity consisting of all the owners in the complex. The most effective Body Corporate is run like a business, rather than an ‘as and when needed’ committee.

Who are the Trustees?

• The trustees are the elected committee of Body Corporate members who represent the interests of the owners. The success of the Body Corporate depends on the trustees. So, if you are community minded and have skills that would benefit all the owners, nominate yourself for service.

The pets question

• The rules of the complex will clearly state whether or not pets are allowed and which pets you are allowed to keep. Usually the trustees are required to consider each case individually, but find out what their decision is before you move in.

Good fences make good neighbours

• The issue regarding neighbours can be quite tricky. For example, a couple may be having a braai on their balcony, their neighbours complain about the smoke. Even though smoke is part and parcel of braaiing , the Act states that no activity of one owner should impact negatively on any others. So, the neighbour has the right to ask them not to braai.

The House Rules

• Make sure that you read the House Rules before buying your unit, as these rules will clearly outline the code of conduct you will be required to follow, if you disobey these rules you will be subject to a fine. The Body Corporate rules are only binding if they have been filed at the Deeds Office. The Body Corporate account must be held with a bank, the money can’t be invested in the stock market or unit trusts.

Communal Areas

• By definition, sectional title means that a number of people simultaneously own a piece of land and each individual owns a unit on it. So what is communal property? The pool and gardens are the obvious ones, but less obvious areas include the outer walls, the roof, parking, even your patio (to which you are granted exclusive use rights). If you want to alter or improve anything that is considered communal property, you will need the consent of the Body Corporate, even if you have exclusive use of it.

It’s all about the money

• Your bond repayments won’t be your only monthly expenses; you will be required to make monthly levy payments to the Body Corporate. This will be used to manage, service and maintain the complex. Not only should you familiarise yourself with the amount and use of the levies, but you should also be prepared to deal with other owners who are not paying their levies. This can lead to the bankruptcy of the complex, so those in arrears must be dealt with immediately. Until recently; disputes over arrear levies had to go to court, but in November 2007, the Sectional Title Act was amended, allowing these disputes to go to arbitration.

Sectional Title Ombudsman

• Recent reports suggest that a Sectional Title Ombudsman should be in effect by early 2009. The Ombudsman will provide assistance to owners and trustees in the speedy dispute of settlements.