Navigate Sectional Title Ownership
Sectional Title Schemes
01
What is Sectional Title Schemes?
Sectional title schemes are a popular form of property ownership in South Africa. They allow you to own a specific unit (apartment, townhouse) within a larger development, sharing ownership of the common property (grounds, hallways, amenities) with other unit owners. While convenient and cost-effective, sectional title ownership comes with its own set of rules and regulations. At Engelsman Magabane Incorporated, our experienced team can help you understand your rights and obligations as a sectional title owner, ensuring a smooth and stress-free ownership experience.
02
South African Law and Sectional Title Schemes
The legal framework for sectional title schemes in South Africa is established by two primary acts:
- Sectional Titles Act 95 of 1986: This act governs the creation, registration, and management of sectional title schemes. It outlines the rights and responsibilities of unit owners, the body corporate (the governing body of the scheme), and the trustees who manage the body corporate.
- Sectional Titles Schemes Management Act 8 of 2011: This act focuses on the establishment and operation of the body corporate, including holding meetings, electing trustees, and managing the finances of the scheme.
03
Understanding your rights and responsibilities
As a sectional title owner, you have several key rights and responsibilities:
- Right to occupy your unit: You have exclusive use of your unit and can enjoy its benefits.
- Right to vote in body corporate meetings: You have a say in decisions affecting the entire scheme.
- Responsibility to pay levies: These contribute to the maintenance and upkeep of the common property.
- Responsibility to comply with the scheme rules: These rules govern aspects like noise control, pet ownership, and use of common areas.
04
Consultation Process
At Engelsman Magabane Incorporated, we offer a comprehensive range of legal services for sectional title matters:
- Reviewing Sectional Title Agreements: We can review your sectional title agreement to ensure you understand your rights and obligations.
- Dispute Resolution: If you encounter disagreements with the body corporate or other owners, we can help mediate or navigate the legal resolution process.
- Compliance Guidance: We can advise you on adhering to the scheme rules and fulfilling your responsibilities as a unit owner.
- Body Corporate Representation: If you’re a trustee, we can provide legal guidance on managing the body corporate effectively.
- Sectional Title Scheme Rule Amendments: We can assist in amending the scheme rules if necessary, following proper legal procedures.
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Why Choose Engelsman Magabane Incorporated?
Choosing Engelsman Magabane Incorporated provides several advantages:
- In-Depth Knowledge of Sectional Title Law: Our team possesses a thorough understanding of the relevant legislation and case law.
- Protecting Your Interests: We prioritize safeguarding your rights and ensuring a smooth ownership experience within the scheme.
- Proactive & Solution-Oriented Approach: We identify potential issues early on and work towards practical solutions.
- Effective Communication: We keep you informed and address your concerns promptly.
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Ian Jooste
LLB Potchefstroom University Of Higher Christian Education
Tasneem Mahomed
LLB University Of South Africa
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Have Questions?
Don’t navigate the complexities of sectional title ownership alone. Contact Engelsman Magabane Incorporated today. Schedule a consultation to discuss your specific situation and ensure you enjoy the benefits of sectional title ownership with peace of mind.