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Sectional Title2018-07-17T15:32:36+00:00

THE SECTIONAL TITLE
ACT IN SOUTH AFRICA

There are many benefits to living in a cluster development complex in South Africa; gated complexes provide safety, amenities such as pools and playgrounds are often available and maintenance is often covered through levies. We could list them all, but the reason Joselowitz & Andrews Attorneys deals with property disputes is that complex living can be just that…complex. Body corporate rules can be an issue, tricky for management to put in place, and often hard to live by for homeowners. It is often difficult to deem which rules need to be upheld and which rules are unconstitutional. That’s where we come in. We understand the needs of owners and Managing Agents and have helped many clients like you (whatever your role in the real estate industry) navigate and redefine the most complex of sectional title disagreements. The Sectional Titles Act legislates the manner in which multiple dwellings in one property development are managed.  While much of the Act relates to rules and regulations of management, there are specific clauses in the Act which relate to the collection of levies and the responsibility of both owners, the body corporate and managing agents. See the Sectional Title Act Below for a clear definition;

Sectional Title Act;

To provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to separate ownership in sections and joint ownership in common property; the transfer of ownership of sections and the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of rights in, and the disposal of, common property; and the establishment of a sectional titles regulation board; and to provide for incidental matters.– [Long title substituted by section 20 of Act 8/2011]

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labour law, sectional title

WHEN WOULD YOU NEED HELP WITH SECTIONAL TITLE LAW?

MANAGING AGENTS VS. A SECTIONAL TITLE OWNER

Managing a vast group of people can’t be easy and it is important that every sectional title owner is held responsible for their properties and payments. Body Corporates must have plans in place if property owners do not pay their levies or abided by the rules set out by the body corporate / managing agents. When this happens, it is best that the Corporate Body have access to the services of a Sectional Title Attorney so that they can follow up with the homeowners. With a proper debt collection process developed at the onset of an agreed Sectional Title Contract, property owners will be less inclined to forgo payments.

SECTIONAL TITLE OWNER VS. MANAGING AGENTS

Knowing your rights puts you in a far stronger position to challenge those who are attempting the flout the law or impose their will incorrectly. Being responsible for a large number of people does not mean that a body corporate has the right to impose unconstitutional rules on you. Residential disputes are fairly common when it comes to sectional titles, but that does not mean your issue should be ignored. Joselowitz & Andrews Attorneys can legally resolve issues that have ended in a deadlock, including arbitration for you. Having a third party, like us, intervene can be hugely beneficial to you the homeowner.

CONTACT JOSELOWITZ AND ANDREWS ATTORNEYS TO GET YOUR SECTIONAL TITLE ADVICE TODAY!

Joselowitz & Andrews Attorneys provide innovative and value-added solutions to the ever-changing circumstances in the property market. We act on behalf of all role-players, whether you are an investor, developer, financer or an occupier of a property, in the real estate industry and provide advice on cluster and sectional title developments, sale and purchase agreements, options, leases, development agreements and building contracts.

If you have any questions regarding the enforcement of sectional title rules, or if you have encountered a breach and are unsure how to handle it, contact Joselowitz & Andrews Attorneys today! We are specialists in property management and sectional title law and we are happy to provide you with expert advice!

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