This is the second article in which I deal with the sixth to tenth most important issues in sectional title scheme management and suggest the most effective measures trustees, assisted by their managing agents, can implement to address or initiate remediation.
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Ultra vires literally means “beyond the power” and is an important concept because if anyone (such as a company, director, government body, official or the like), acts beyond their powers, that action is invalid for the reason that they lacked the necessary legal authority to take it.
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Summer’s a great time to look for property. With the year winding down and the holiday season upon us, many sellers who’ve been holding back are now putting their properties back onto the market, so expect to see some great new buys out there.
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In a recent Judgment handed down on 2 September 2024, the Western Cape High Court addressed a pivotal issue concerning the jurisdiction of the Community Schemes Ombud Service (CSOS) over disputes in sectional title schemes. At the centre of the case was a disagreement regarding alterations proposed by an unit owner in a sectional title scheme, which the Body Corporate had repeatedly opposed, despite the alterations having municipal approval.
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In Chenin Body Corporate v Steele (CSOS 4281/WC/21), an owner’s unauthorised attic storage solution led to a dispute with the body corporate. This hidden storage area on community property sparked a legal battle, highlighting one of the challenges of sectional title living.
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