by VDT Attorneys | Oct 31, 2024 | Body corporate, Development, Levies, Review, Sectional Title
Before we look at the court’s finding, it is good to just briefly refresh on what a real right of extension is. In terms of the Sectional Titles Act 95 of 1986 (“Act”) a real right of extension is the right to extend a sectional title scheme by adding sections or...
by VDT Attorneys | Sep 20, 2024 | Body corporate, Levy clearance certificate, Sectional Title, Sectional Title Scheme
This raises the question of whether a body corporate can in certain circumstances refuse to issue a levy clearance certificate and whether there are any limitations to such an entitlement. Over the years the courts have been approached to settle disputes where a body...
by VDT Attorneys | Jun 27, 2024 | Body corporate, Outstanding Charges, Outstanding Levies
The body corporate of a sectional title scheme is provided with certain functions and responsibilities in terms of the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”), of which some of the well-known functions are to require the owners of the scheme to...
by VDT Attorneys | Jun 27, 2024 | Body corporate, Dispute, Electricity, Municipality
One of the statutorily prescribed obligations of a municipality is to provide residents with access to a minimum level of basic services, which includes the provision of electricity. The recipients of such services by the municipality have a reciprocal obligation to...
by VDT Attorneys | May 29, 2024 | Access to information, Body corporate, PAIA, Scheme rules
In the recent case of Montrose Mews Body Corporate v Moela NO and others [2024] JOL 63438 (GJ) the Gauteng Local Division of the High Court, Johannesburg had the opportunity to consider whether, in this specific matter, the Promotion of Access to Information Act 2 of...
by VDT Attorneys | May 29, 2024 | Body corporate, Levies
The body corporate of a sectional title scheme is provided with functions and responsibilities in terms of the Sectional Titles Schemes Management Act (“STSMA”), of which a well-known function is to require the owners of the scheme to contribute to the funds of the...