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Sectional Title Complex Management

MY Managing Agent will help with management of the complex to comply with the Sectional Title Act and teach trustees, owners, and lessees what this kind of community living involves.  MY Managing Agent will also approach municipalities when municipal services need altered registration to obtain maximum benefit from regulated service charges such as water and electricity or refuse removal.

In particular we offer the following services:

A short course that removes all the legalese and explains the obligations and rights of owners and residents as well as the way in which the complex should be managed to comply with the law and install a friendly democratic and transparent way of life.

Management services such as accounting, budgeting, maintenance, meetings, dispute handling and rules.  Support for the Board of Trustees that includes archives, advice about the Sectional Titles Act and legislated procedures for meetings, expenditure, alterations and Body Corporate disputes.

Municipalities sometimes have incorrect registration details for the provision of services that lead to charges in excess of those intended in published tariffs.  At other times there may be irregularities with the billing.  The correction of these and other similar problems can be handled through negotiation and correction of information.

 

 

 

UNDERSTANDING SECTIONAL TITLE

FOR TRUSTEES, BODY CORPORATE, BUYERS AND TENANTS

 

This course strives to blast through the detailed legalities and demonstrate how the Act should influence behaviour within a Sectional Title community.  I have divided the way in which the Act is written to cover 5 pertinent aspects: ownership, legal identity, Trusteeship, meetings and rules.  If these things are properly understood then the rest is simple.

 

The course provides guidelines for the Trustees to follow in problem solving and executing their functions.  The course will show how and why the Chairman should encourage participation by convening and guiding meetings in a positive way.  The powers of the Trustees do not empower them make the law for the community.

 

Owners of sections in a Sectional Title community are limited in their freedom by the collective wishes/opinions of the majority of the owners and the law.  The Sectional Titles Act defines how the collective Body Corporate (BC) will be managed, including some things that are not negotiable.  The BC rules through the Board of Trustees.

 

When Tenants do not comply with the law and resolutions of the BC the unit owner is held accountable.  When people consider buying a unit in a Sectional Title complex they need to know what they are buying.

 

Some prescriptive parts of the Act protect the bond holders (banks) by regulating rights of ownership, maintenance and insurance.  Other prescriptive parts of the Act protect members (owners) from corruption and self-interest of a minority.  Remember, the Act can only protect you if you are aware of your rights and you know what is happening.

 

The course includes notes with references to the law:

PMR = Prescribed Management Rule

PCR = Prescribed Conduct Rule

STA = Sectional Titles Act 1986

 

Revised April 2016

 

CONTENTS

 

Ownership - Architects or Land Surveyors, Conveyancers and the Registrar of Deeds are involved.

1.1        What do you own in a Sectional Title scheme?

1.2        Sections, Common Property, Exclusive Use Areas and Units;

1.3        Sectional Title Plans and the Registrar of Deeds;

1.4        Registering/extending/combining schemes;

1.5        Registering extensions/divisions/combinations to/of sections;

1.6        Exclusive Use Areas – registration.

1.7        Servitude - registration;

 

Legal Identity - The Body Corporate, legal responsibility and Trustees.

2.1        The juristic person;

2.2        Legal obligation of the BC to:   insure and maintain buildings;

           pay for municipal services;

2.3        Legal right of the BC to recover costs through levies;

2.4        Participation Quotas (PQ's);

2.5        Cost liability of section owners;

2.6        How the BC manages its responsibilities.

 

Trusteeship - What is expected of a Trustee?

3.1        How Trustees are expected to perform their functions;

3.2        Consult professionals, employ managers and accountants;

3.3        Employ contractor services;

3.4        Trustees are expected to serve the BC and the scheme;

3.5        Trustees must execute the resolutions of the BC and abide by the Act;

3.6        Role of the Chairman;

3.7        Honesty, payment to Trustees, mistakes by Trustees;

3.8        Election and removal of a Trustee.

3.9        Financial management overview:

3.9.1                 Income and Expenditure;

3.9.2                 Balance Sheet;

3.9.3                 Budget;

3.9.4                 Levies and Special levies;

 

Meetings - How status is reported and collective opinion is determined.

4.1        Principles

4.2        Trustee meetings;

4.3        Notice and Quorum for Trustee meetings;

4.4        General meetings - notice;

4.5        General meetings – quorum;

4.6        Right to speak or attend and advantages to encouraging participation;

4.7        Voting and vote values in general meetings;

4.8        Proposals and their presentation;

4.9        Unanimous, special and majority resolutions;

4.10      Resolutions;

 

Rules - The purpose of rules in the Act

5.1        Why rules exist;

5.2        Management rules;

5.3        Conduct rules;

5.4        The process for changing rules;

5.5        The new Sectional Titles Management Act 2010.

5.6        The Sectional Titles Amendment Act 2011.

5.7        Regulations and Annexure 8 (PMR) June 2015

Contact details for My-sectional-title

Contact:Marshall Young
Address:P.O. Box 489
Fontainbleau
RANDBURG
2135
South Africa
Telephone:0117924343
Mobile:0741803443
Email:marshally67@yahoo.com

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