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Conviction •

Between a rock and a foul-smelling place

Ashwini Singh

A precarious predicament unfolded in a Durban sectional title scheme recently. Absurdly, a rock was found in the complex’s sewer system, causing a major pipe blockage.

But here is where the real problem arose: a unit owner prevented plumbers from attending to the sewer system by not giving them access to the manhole in his unit where the rock was stuck. Insofar as the complex is concerned, can such selfish actions of a unit owner be entertained in a sectional title scheme setting...
Everything Property •

Exclusive Use Area boundaries in sectional title schemes

The concept of exclusive use rights can be complex to navigate in a sectional title scheme. However, not taking the time to understand the boundaries of a scheme’s Exclusive Use Areas can break a body corporate’s bank, writes Ashwini Singh.
WORDS & PHOTO: SUPPLIED
Singh says that, as the name suggests, an Exclusive Use Area (“EUA”) is a part of a sectional title scheme’s common property to which a specific section owner holds the exclusive use right over (to the exclusion of the other owners in...
Everything Property •

Residential sectional title schemes are not open for businesses

Sectional title schemes in South Africa are equal parts popular as they are restrictive, writes Ad Hoc Lecturer in law, Ashwini Singh. She says that, with 56 000 schemes registered nationally, they are all bound by the same regulations: one being that owners and occupiers are prohibited from running businesses within their sections in residential schemes.
WORDS & PHOTO: SUPPLIED
The Sectional Titles Schemes Management Regulations (the “STSM Regulations”) create Prescribed Management Rules (“PMRs...

Latest Presentations

SlideShare •

The South African Legal Practice Council Website: How to Verify a Legal Pracitioner

How to use the South African Legal Practice Council (LPC) website (Legal Practitioners) database to verify whether a person is an admitted attorney in terms of the Legal Practice Act 28 of 2014.Read less

How to use the South African Legal Practice Council (LPC) website (Legal Practitioners) database to verify whether a person is an admitted attorney in terms of the Legal Practice Act 28 of 2014.Read less
SlideShare •

Body Corporates Beware: Defamation in Sectional Title Schemes

Defamation in Body Corporates of Sectional Title Schemes (South Africa)

Examples of Slander in a Body Corporate:
- Unit Owner A makes a false statement that Unit Owner J is being sequestrated and foreclosed at an Annual General Meeting.
- Body Corporate Chairman O makes a false statement that a
registered Professional Land Surveyor has committed fraud at an Annual General Meeting.

Examples of Libel in a Body Corporate:
- Former Trustee A makes false statements via email (sent to multip...
SlideShare •

The Law of Dogs in Sectional Title Schemes

The Law of Dogs in Sectional Title Schemes (in South Africa):

-PCR 1(1) of the STSM Regulations:
“The owner or occupier of a section must not, without the trustees’ written consent, which must not be unreasonably withheld, keep an animal, reptile or bird in a section or on the common property.”

-PCR 1(2) of the STSM Regulations:
“An owner or occupier suffering from a disability and who reasonably requires a guide, hearing or assistance dog must be considered to have the trustees’ consent to ke...