MANUAL

In 2009, S Baillie and Associates developed a fully integrated index for the Sectional Title Act 95 of 1986 which was published in a manual which included the Act, the prescribed management and conduct rules and the index. This was the first edition of Keyword Access to the Sectional Title Act.

With the sweeping changes in sectional title legislation effective 7 October 2016, it was necessary to compile and publish an overhauled manual – Keyword Access to the Sectional Title Legislation. It comprises all the legislation plus an index of 39 pages of keywords/topics/ aspects allowing you to look up any anything, quickly and easily. All you need, is to understand English and know the alphabet. This index covers all the current legislation which is.

  • Community Schemes Ombud Services Act 9 of 2011 and Regulations
  • Sectional Titles Schemes Management Act 8 of 2011 and Regulations and prescribed Management and Conduct Rules
  • Sectional Titles Act 95 of 1986 as amended

These far-reaching changes are going to take many years of adaption BUT 

This manual Keyword Access to the Sectional Title Legislation gives you the opportunity to

… find anything you need to know, in any or ALL of the 3 acts, regulations, and prescribed rules (130+ typed pages) in an average of 60 seconds.

e.g.

How quickly will you be able to answer these questions?

  • Q1 Can I put a fine on the levy statement?
  • Q2 How long must minutes be kept?
  • Q3 How can a Chairman be removed?

The answer is in approximately 60 seconds for each answer!!

YES, it is possible, and this is how….

By letting the manual Keyword Access to the Sectional Title Legislation be

YOUR GPS through Sectional Title Territory.

Benefits of using this manual include:-

  • Finding what you need to know in the ST legislation quickly and easily because of a comprehensive and detailed index of keywords/topics with everything alphabetically listed. Amazingly simple to use. (refer sample below)
  • Aspects can be called/known by different words; if there is more than one word for the same topic, those will be listed too.
  • Finding ALL clauses relating to a specific aspect, in one glance. This is despite a single topic often being in included in different acts and regulations.
  • The relevant legislation and index is combined into ONE book – portable and easy to fit in a briefcase.
  • The page opposite the page of text is left blank; this allows space for inserting changes or writing in notes.
  • A book can easily be shared in the office, or at a meeting.
  • Immediate accessibility to the legislation which will provide an objective answer, this will minimise delays in decision making, often settling issues immediately whilst minimising errors which would have to be reversed at a later stage,

People and businesses who will benefit from owning a copy:-

Managing agents

WHYThey are required to provide a professional service and need to have the answers at their fingertips at any given moment. No matter what training anyone has, no person can be expected to know every aspect on “instant recall”. People working in this industry do not have spare time and this manual obviates the need to read extensively each time something needs to be looked up. An incorrect answer could have negative long-term consequences.

Owners 

WHYOwners need to take responsibility and empower themselves with knowledge in order to safeguard their investments. They also need to be mindful of the responsibilities and duties as well as understand how the scheme is run. This is especially true if that owner accepts nomination as a trustee and wishes to make a positive contribution.

Trustees 

WHYThe latest legislation obligates the trustees to be knowledgeable and educated in sectional title matters, and they also have to comply with their fiduciary duties. Since they are handling other peoples’ money and are responsible for the running of the scheme in the interests of all, they need to work within the legislative framework with which they are required to be familiar.

They can be held accountable for gross negligence and can be sued in their personal capacity. Owners now have recourse through CSOS, an inexpensive process available to all which makes the need even greater for the trustees to be competent and knowledgeable.

Estate Agents selling or letting Sectional Title units

WHY – It is a form of property which is more complex than others. To be successful, agents need to be thoroughly conversant with ST matters. Lack of understanding and familiarity with the legislation will not only negatively impact on sales but could find them in breech of the CPA or the Property Practioners’ Bill.

People providing services to the Sectional Title Industry:-

Auditors

WHY – The latest legislation gives auditors many new responsibilities. This includes providing   more information in the AFS than before and needing the knowledge to qualify their reports where necessary. New staff are more easily able to perform effectively if they are given tools of understanding of Body Corporate functioning and legislation knowledge.

Insurance under writers/brokers 

WHY – Insurance cover is a key and obligatory requirement for Bodies Corporate, and the Trustees are responsible for this. But Trustees have to rely heavily on the Broker’s industry knowledge and recommendations which highlights the need for specialist sectional title insurance knowledge in order to give the clients the best possible service.

Sectional title is also the fastest growing form of housing, and the demand for sectional title insurance will increase exponentially, bringing with it more challenges. Specialising in ST will assist your brokerage to grow easily.

Attorneys / Conveyancers

WHY – Not every attorney can be specialized in every aspect of the law, yet often the public perceive this to be the case.  An out-of-the ordinary situation could take even the most experienced conveyancer by surprise. The manual keeps everyone professional on ST matters all the time, with its quick and easy access.

Sample – Page 8 of the Index

KEYWORD ACCESS TO THE SECTIONAL TITLE LEGISLATION EFFECTIVE 7 OCTOBER 2016

Community Schemes Ombud Services, 2011                                                         CS
Sectional Title Schemes Management Act 2011 & regulations,                              STSMA
Prescribed Management and Conduct Rules                                                          MR CR
Sectional Titles Act – 1986                                                                                       STA

CS

STSMA
MR/CR

STA

Pg

Clause

Pg

Clause

Pg

Clause

Common Property (CP)

acquiring of EUAs by default

111

27(1)(c-e)

alienation

33

5(1)(a)

100

17(1)

process

100

17(2-6)

alterations – reasonably nec.

78

MR 29(2)

not reasonably nec.

78

MR 29(1)

alterations/improve/repairs

7

39(6)(c)

appearance of the building

82

CR5

building/placing/dumping

6

39(6)(c)(d)

buying

33

5(1)(d)

dispute resolution

8

39(b,c)

resolutions to be kept

76

MR27(3)(c)

requirements

33

5(2)

damage to

82

CR4

definition

1

1

25

1

84

1(1)

dumping on CP

81

CR2(1)

enjoyment rights

38

10(7)

exclusive use

111

27

expropriations

40

12

102

19

extention to CP

110

26

gardens/recreation

32

4(d)

granting of EUA withheld

8

39(6)(f)

improvements refer alterations

legal compliance

31

3(1)(p)

letting

32

4(h)

33

5(1)(a)

100

17(1)

management/admin

28

2(5)

33

4(i)

maintenance/repairs

31

3(1)(l,m,q,r)

ownership

87

2(b,c)

undivided share

39

11(1)(b)

100

16(1,2,3)

114

32(3)

parking

82

CR3

resp. by owner/occupier

8

39(6)(g)

rent out

32

4(h)

rubbish/waste

81

CR2

storage

82

CR6

use of

41

13(1)(d)

79

MR30(a,b)

83

CR7(1,2)

Community scheme – def.

1

1

Companies Act

28

2(6)

Competent Authority

25

1

Complaints refer Application re dispute