A GUIDE TO SECTIONAL TITLE LIVING
Introduction and opening message
At the De Lucia Group, we pride ourselves on offering our customers responsive, competent, and excellent service. Our clients are the most important part of our business, and we work tirelessly to ensure your complete satisfaction, now and for as long as you are a client.
We at De Lucia Group believe in building our expertise, consistently pursuing knowledge, and diversifying our skills. This has transformed us into a comprehensive real estate service provider that takes care of our clients and their unique property requirements.
The presentation of material in this publication does not imply the expression of any opinion whatsoever on the part of the De Lucia Group.
Every effort has been made to ensure the accuracy of the information.
Neither the De Lucia Group nor the author or contributors shall be liable for any claim, loss, or damage directly or indirectly resulting from the use of or reliance upon the information in this manual, or directly or indirectly resulting from errors, inaccuracies, or omissions in the information in this manual.
The purpose of this manual is to provide all our customers with a basic reference manual containing an overview of Sectional Title ownership. In the interest of brevity, an attempt has been made to include only the information which will be used under normal operating circumstances.
What regulations govern Sectional Title schemes and members?
Since sectional title ownership involves communal living, the shared living space needs to be regulated. For this reason, there are certain laws and scheme rules that place restrictions on a purchaser’s lifestyle.
Understanding forms of ownership
South African property law provides for two different forms of owners in immovable property. Full title and sectional title ownership
- Full title - being the conventional property ownership, which includes the land (erf) any building (usually a free-standing house) or improvements. This type of ownership is full ownership meaning ownership is not shared. Ownership in this case only extends to the boundaries of the erf as indicated on a general plan or diagram approved by the Surveyor General.
- Sectional title ownership – Is shared ownership. The owner in this case would only own his section and an undivided share of the common property. A form of co-ownership. The boundaries of each section are the center lines of the walls, floors, and ceilings of the section as indicated on the sectional plan. It is very important to distinguish between the two.
What is the difference between immovable property and moveable property?
There are two distinct forms of property – Immovable and moveable. These two terms encompass a broad array of assets. To simplify the meanings as follows:
Immovable property means property that cannot be moved from one place to another
Moveable property means property that can be moved from one place to another
What is a Body Corporate?
The Body Corporate is made up of all the registered members of the scheme.
What are the functions of a Body Corporate?
Brief summary
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What is a Member?
A member is the registered owner or owners of a section.
What are Trustees and what is their role?
A Trustee is a person, who need not be a member formally appointed at the Annual General Meeting by the members of the Body Corporate to manage the affairs and assets of the Body Corporate for the benefit of its members, in accordance with the requirements as set out in the STSMA and regulations.
What is the Managing Agent and what is their role?
Managing Agents act as the ‘middle man’ between residents of the scheme and the Trustees. It is best practice for a Sectional Title scheme to hire an independent party, as a Managing Agent needs to take control of the extensive financial, administrative, and secretarial issues of the scheme as well as guide the Trustees and Members in terms of the STSMA. The role of a Managing Agent is to manage the common property of the scheme on behalf of the Trustees and members. The three areas that Agents are responsible for include admin, finance, and property management. Managing Agents are not caretakers.
Who are CSOS?
CSOS was established in terms of the Community Schemes Ombud Service Act to regulate the conduct of parties within community schemes and to ensure good governance.
Who is the NHBRC?
The National Home Builders Registration Council is a statutory body established to protect consumers' interests and regulate the home building industry.
Who is the Deeds Office and The Deeds Registry?
There are numerous deeds offices throughout South Africa. Each deeds office holds a deeds registry, containing filed title deeds of all the properties in its particular jurisdiction.
As a Sectional Title member, what do I own?
When you buy into a sectional title scheme, you purchase a section or sections and an undivided share of the common property. These are collectively known as units. To simplify, see the diagram set out hereunder:
What is the difference between a section and a unit?
A section is what you own as reflected in the diagram above. A unit is a section plus your undivided share in the common property.
What is common property?
Common property is all areas that are not included in the section. This may include. driveways, parking areas, boundary walls, gardens, roofs, exterior walls, lifts, clubhouse, swimming pool, stairways, guardhouse, and main gate.
What is a section?
The section includes the interior walls up to the median line, the floors up to the median line, the interior space, and the ceiling.
What is an exclusive use area and do I own it?
Exclusive use is the right exercised by a user independently of similar rights held by others. An exclusive use area allocated in terms of the rules cannot be mortgaged and cannot be dealt with independently from the section. Such exclusive use areas are allocated to the section specifically and not the respective owner. Owners who have allocated exclusive-use areas must make an additional contribution to the Body Corporate to defray the costs associated with their area.
In addition, the Body Corporate may arrange for a Land Surveyor to delineate an Exclusive Use Area in accordance with Section 27(2) of the Act and then cede the newly created Exclusive Use Area to the purchaser thereof. An Exclusive Use Area held by a Notarial Deed may be individually alienated. In other words, it can be sold (usually restricted to an owner of another section in the scheme) and it may also be mortgaged by the owner. Such Exclusive Use Areas are allocated to the section specifically and not the respective owner.
What is a median line?
A median line is an invisible line that divides a section from common property.
What is a sectional plan/diagram?
A plan approved by the Surveyor General, reflects the boundaries of the buildings, sections, common property areas as well as any exclusive use areas. Sectional plans are held with your Managing Agent at a cost.
What is a site plan?
This plan provides complete details regarding the right of way, public roads, sidewalks, driveways, drainage structures, and slopes. It indicates the distance from borders and building lines, in addition to servitudes. Site development planning forms an important part of getting the required zoning and building plans approval for a proposed development whether for recreational, commercial, industrial, or residential use. This plan can be obtained from the Council and is not held by the Managing Agent.
What is “FAR” and why does it matter?
Floor area ratio (FAR) is the measurement of a building's floor area in relation to the size of the lot/parcel that the building is located on. Every structure occupies a certain portion or percentage of the land parcel on which it sits. This percentage or ratio of the size of the building to the land is called the "land to building ratio. Municipal codes and property restrictions can limit the ratio, which if you want to build plays an important role.
What is a building line?
A building line is an invisible line on your property demarking the point up to where you can build. Typically building lines are 1-3m on street boundaries and 2m on the sides and back (for double-storey units).
What is a title deed and why is it important?
A title deed is documentary proof of ownership. A copy of your title deed can be obtained from either your Transferring Attorneys or the Managing Agent at a cost.
What information does my title deed contain?
A title deed contains details pertaining to a specific property.
- The description of the property, with its size, boundaries, and exact position.
- The name and identity number of the person or persons who legally own the property.
- The date when the property was transferred.
- Restrictive clauses
What is a servitude and can I build over the servitude?
A servitude is a portion of land that the council has reserved for services, (for example sewer lines). No building including temporary structures can be placed or built on a servitude.
What is a SS NO?
A SS Number is the schemes registration number at the Deeds Registry.
For example "SS 42/2019" - The first few numbers indicate that the scheme was the forty-second building and the last digits the year in which it was registered.
When is a Body Corporate established?
With effect from the date on which any other person becomes an owner of a unit other than the developer.
When does the developer cease to be a member?
The developer only ceases to be a member when he ceases to have a share in common property.
How are levies calculated?
The participation quota is the formula used to calculate a member's levy contribution in a sectional title scheme. It is calculated by dividing the number of square metres occupied by the member's section by the total floor area of all sections.
Quota means a fixed share of something that a person or group is entitled to receive or is bound to contribute.
It should be noted that once you become a member of a Body Corporate, you are legally obligated to pay contributions to the Body Corporate, which are called levies from the date of registration of the section into your name.
Levies are due and payable in monthly installments in advance and are due on the 1st of each month and by no later than the 7th of the month. Ancillary charges which may include electricity and water are payable in arrears.
Interest is payable on late payment at a rate determined by the Body Corporate annually. The maximum rate currently is 2% per month – 24% per annum (compounded in arrears). Compounded in arrears in other words means the interest on interest is permissible in terms of the STSMA.
What does the participation quota determine?
- The size of the owner’s undivided share in the common property;
- The value of the owner’s vote;
- The amount of the owner’s levy and the amount for which a particular owner can be held liable to pay a judgment debt of the Body Corporate
Three mandatory contributions by members
Maintenance reserve fund
A Body Corporate is required to establish a reserve fund to cover the cost of future maintenance and the repair of common property based on a 10-year maintenance plan.
Administrative levy fund
Established to sufficiently cover the cost of the day-to-day running of the scheme. This may inter alia include, security, managing agent’s fees, meter reading fees, staff salaries, and garden services.
CSOS levy
Regulation provides that schemes must collect the prescribed monthly levy from every unit within a community scheme and pay these levies to CSOS on a quarterly basis. The compulsory contribution is calculated according to the following formula: The lesser of R40, or 2% of the amount by which the monthly levy charged by the scheme exceeds R500. This levy is based on the administrative levy alone.
TEN-YEAR MAINTENANCE PLAN
Prescribed Management Rule 22 of the STSMA requires Bodies Corporate to draw up 10-year plans in which they estimate the total maintenance costs needed and save towards the required amount. The maintenance of Sectional Title schemes requires careful planning to ensure sufficient funds to undertake costly maintenance projects of capital items that form common property (which may include roofs, walls, driveways).
The Trustees are obliged to prepare a 10 Year Plan for the common property in writing, setting out the following:
- the major capital items are expected to require maintenance, repair, and replacement within the next 10 years; Major capital – big-ticket items like roofs, driveways, common property walls
- the present condition or state of repair of those items;
- the time when those items or components of those items will need to be maintained, repaired, or replaced;
- the estimated cost of the maintenance, repair, and replacement;
- the expected life of those items or components once maintained, repaired, or replaced.
Special levy contributions
From time to time a Body Corporate may be required to raise a special levy contribution. This levy would be in addition to the normal levies as stated above. These levies would be required to off-set unexpected but urgent expenditure which was not foreseen at the Annual General Meeting.
Section 3(3) provides that where a Body Corporate has raised a special levy, the levy can be recovered from the owners of units at the time the resolution to raise the special levy was taken. However, in the case of a change of ownership of a unit the successor in title becomes liable for pro rata payment of such special levy from the date of change of ownership.
Insurance cover – facts you should know
Community scheme insurance can be divided into 3 main categories (Buildings, Liability, and Fidelity) with a fourth category for ‘’other insurances” which may be needed individually for a particular scheme.
Buildings
The Body Corporate has to insure the building or buildings and keep them insured to the replacement value thereof against fire and such other risks as may be prescribed.
Liability
The Body Corporate must take out public liability insurance to cover the risk of any liability it may incur to pay compensation in respect of bodily injury, death or illness in connection with the common property; and any damage to or loss of property sustained as a result of an occurrence or happening in connection with common property.
Fidelity
A Body Corporate must take out insurance for an amount determined by the Members to cover the risk of loss of funds belonging to the Body Corporate.
The member should –
Take out household cover for furniture/electronics/appliances as these items are not covered by the Body Corporates policy. It is pertinent to mention that a member may obtain an insurance policy in respect of any damage to his or her section arising from risks not covered by the policy effected by the Body Corporate.
A Member is responsible –
- for payment of any additional premium payable on account of an increase in the replacement value.
- for any excess amount that relates to damage to any part of the buildings that Member is obliged to repair and maintain in terms of the Act or these rules, and must furnish the Body Corporate with written proof from the insurer of payment of that amount within seven days of written request. Remember the member is obliged to maintain their section and the hot water installation that services his section.
- For any amount that exceeds the limits on the policy. It is always best to obtain a copy of the Body Corporates Insurance policy from the Managing Agents so that you are fully aware of any excess applicable and the geyser limits.
What is a replacement value?
This is the current cost to replace a building, i.e. to reinstate a property to its original state if completely destroyed. It excludes the value of the vacant land itself. The Schedule of Replacement values sets out the value of each unit separately in terms of the participation quota i.e. as a percentage of the building plus all improvements to common property. Put simply, a unit sum insured, therefore, equals the replacement value of a section plus its undivided share in the common property, excluding the land itself.
As explained above, the value of the buildings are usually determined by a Valuer on behalf of the Trustees and based on the standard finish as handed over by the Developer. Members may add further value and more finishes such as granite kitchen tops, laminate flooring, oak kitchens, expensive fitted cupboards, bathrooms and so on. If you have altered your section with any of the aforementioned you must make sure you notify the Insurance Broker. Any additional premium will be payable by the Member.
Submitting a claim
The member involved in a claim with regards to damage to his/her section must obtain a claim form from the Insurance Broker and the claim form must be completed in the hand of the member, together with supporting documents which should include (invoices, quotations, and a damage report to support the claim). A claim form can be obtained from the Broker. Claims must be submitted within 30 days of a claimable event taking place – usually a condition of the policy.
ANNUAL GENERAL MEETINGS
How are decisions taken by the Body Corporate?
Decisions taken by the Body Corporate are made by way of resolutions passed. Voting rights come into play at Body Corporate meetings.
When must the AGM be held?
An AGM must be held at least once a year, within 4 months of the end of the financial year.
Attendance at these meetings is crucial in order for the meeting to proceed, for owners to be aware of important operational and management matters, and for decisions taken at the meeting to be binding.
Members votes
Members’ votes can either be calculated by either ‘value’ or by ‘number’.
Voting by number – each member will only have one vote regardless of how many any sections he/she owns. In this case, the participation quota will not affect the outcome of the vote as each member will then carry an equal vote.
Voting by value – Each member's vote will be calculated according to the total participation quota allocated to the section registered in that member's name.
When can I not vote?
A member is not entitled to vote on an ordinary resolution if he/she fails or refuses to pay any contribution due to the Body Corporate after a court or adjudication has given a judgment or order. Further, if the member persistently fails to comply with the Body Corporate rules and the Act and a court or adjudicator has ordered the member to refrain from breaching these rules. This disqualification does not apply to special or unanimous resolutions.
Items typically discussed at these meetings are:
- A report on the activities and decisions of the Trustees since the previous Annual General Meeting;
- Approval of the schedule of replacement values;
- Consideration of the annual financial statements;
- Determination of the extent of the insurance cover by the Body Corporate;
- Approval of the Budgets for both the administrative and reserve funds for the next financial year [determination of levies to be paid by owners];
- 10-Year maintenance plan in respect of the common property;
- The appointment of an Auditor;
- Election of Trustees for the next financial year;
- A description of the matters that will be voted on at the meeting, including the proposed wording of any special or unanimous resolution;
- Directions or restrictions to be placed on the incoming Trustees.
- Determination of the Domicilium service address of the scheme.
Quorum - For most schemes the quorum is one-third of the total votes of members entitled to vote in value.
Voting - Except for special and unanimous resolutions, a member cannot vote if they have failed to make contributions due to the Body Corporate and a judgment or order has been granted by either the court or an adjudicator. Further, if a member continuously breaches the rules and a court or adjudication has ordered that the member refrains from breaching the rule(s). When votes are calculated in value, each members vote is calculated as the total of the quotas allocated to the section(s) registered in that member’s name. When votes are calculated in number, each member only has one vote.
Proxy - Meeting proxy means a substitute sent by a member to attend a meeting on his/her behalf. A proxy does not have to be a member of the Body Corporate but cannot be the Managing Agent, an Employee of the Managing Agent, or the Body Corporate. Joint owners of one unit in a sectional title scheme only have one vote between them. There is a limitation on the number of proxies. A person may not act as a proxy for more than two members of the Body Corporate. A proxy form must be delivered to the Body Corporate 48hours before the time of the meeting or handed to the Chairperson before the start of the meeting.
Special Resolution - This is a resolution passed by at least 75% calculated both in value and in number, of the members' votes at a general meeting; and 75% calculated both in value and in number agreed to in writing. Special resolutions may be passed for various reasons but to give you an idea. Amendment, substitution, adoption of the schemes Conduct Rules, or the extension of a section.
Unanimous Resolution - This is a resolution passed by all members at least 80% calculated both in value and in number, of the members' votes at a general meeting: and 100% (all members agreed to in writing. A unanimous resolution typically taken is to alter common property because the common property is owned in undivided shares by all Members.
ANNUAL FINANCIAL REPORT
Key Parts in an Annual Report
Auditor’s report: Tells you whether the numbers are accurate and whether you should have any concerns about the future operation of the scheme.
Financial statements: The balance sheet, the income statement, and the statement of cash flows are where you find the actual financial results for the year
A balance sheet: Provides detailed information about the scheme's assets and liabilities.
Assets are things that a scheme owns that have value.
Liabilities are amounts of money that a scheme owes to others.
The income statement summarizes the scheme's financial transactions for a particular time period, such as a month, quarter, or year. It starts with your income and then subtracts any expenses incurred in operating the scheme. The bottom line of the income statement shows how much profit (or loss) the scheme made during the accounting period. The changes in assets and liabilities that you see on the balance sheet are also reflected in the revenues and expenses that you see on the income statement, which result in the scheme's gains or losses.
Notes to the financial statements: Provide details about how the numbers were derived at. It’s so important to read the footnotes. The footnotes to financial statements are packed with information.
ALL YOU NEED TO KNOW ABOUT TRUSTEES
Nominations
- The Managing Agent or an Employee of the Managing Agent may not be a Trustee unless they are a Member of the scheme.
- A Member can appoint anyone to be a Trustee and the nominee does not have to be a Member of the scheme.
- When you nominate a Trustee, the nomination must be in writing and the nominee must consent to the nomination. The written nomination must then be delivered to the Body Corporate service address [which is in most cases the Managing Agents address] 48 hours prior to the commencement of the meeting. The service address is called the Domicilium Citandi Et Executandi. If there are insufficient nominations to fill the number of Trustees set for the financial year, then nominations will be called for at the Annual General Meeting.
Can a Trustee be disqualified, and under what circumstances?
Yes, they can under the following circumstances –
- If they resign from office by written notice;
- If they are declared of unsound mind by a Court;
- If they become insolvent and the insolvency results in the sequestration of that Trustee’s estate;
- If they are convicted in the Republic or elsewhere, of theft, fraud, forgery, perjury, or any other offense involving dishonesty;
- If they are sentenced to imprisonment without the option of a fine;
- If they are removed from an office of Trust on account of misconduct in respect of fraud, forgery, perjury, or any other offense involving
- If they are removed from office by ordinary resolution at a general meeting. The intention to vote on the proposed removal must be specified in the notice of the meeting.
- If they are disqualified to hold office as a Director of a Company in terms of the Companies Act.
- If they fail or refuse to pay the Body Corporate any amount due by that Trustee after a court or adjudicator has given a judgment or order for payment of that amount.
Alternate/Replacement Trustee
If a Trustee ceases to hold office, the remaining Trustees or the Members can appoint a replacement Trustee. The Trustees can also appoint for a specific period, a person qualified to serve as a Trustee to replace a Trustee who is absent or otherwise unable to perform their duties of the office.
Can a Trustee be paid for their services?
A Trustee must be reimbursed for all disbursements and expenses incurred by carrying out their duties or exercising their power. A Trustee who is a member cannot be rewarded for their services, whether monetary or otherwise unless a special resolution is passed by the Members. A Trustee who is not a member can be rewarded for their service, whether monetary or otherwise provided first that any compensation is approved by a resolution of the Body Corporate as part of the Budget.
What does it mean to have a fiduciary duty?
Each Trustee of a Body Corporate stands in fiduciary duty. A fiduciary duty is an obligation to act in the best interest of another party, in this case the Members of the Body Corporate. A person acting in a fiduciary capacity is held to a high standard of honesty and full disclosure in regard to the Members and must not obtain a personal benefit at the expense of the Body Corporate. Should they act in breach of their fiduciary duty they can be held liable for any loss suffered by the Body Corporate.
Can I as a member attend Trustees Meetings?
Yes, you can attend, and speak on any matter on the agenda but you cannot propose any motion or vote. The only time you are not entitled to attend parts of a Trustees Meeting is if they are discussing contraventions of the Act or Rules; or if the Trustees resolve that it would unreasonably interfere with the interests of the Body Corporate or any person’s privacy.
Can a tenant be appointed as a Trustee?
Yes, as long as the majority of the Trustees are members.
General powers and duties of a Trustee
In order to perform their functions or duties, Trustees are endowed with certain powers. These powers are not unlimited and are strictly circumscribed by the Act and the Rules, as well as by instructions or restrictions imposed by members at a General Meeting.
Trustee's Roles & Responsibilities
There are day-to-day activities that the Trustees must manage, usually through the managing agent such as:
- Determining the levies paid by the owners towards the monthly running costs of the complex;
- Ensuring that levies are banked and correctly applied;
- Chasing up owners who are in arrears and ensuring they bring their accounts up to date;
- Reconciling payments made to budgeted amounts and ensuring costs are kept within budget;
- Ensuring that the common property is in good repair (and its value maintained);
- Arranging adequate insurance to cover all buildings;
- Overseeing compliance with the rules of the complex by owners and their tenants;
- Establishment and maintenance of a fund for the repair and upkeep of the common property.
- Preparation and presentation of financial statements and reports to the AGM, i.e., anticipated income and expenses of the Body corporate for the following year; audited financial statements; 10-Year Plan and Trustees’ report on matters arising and dealt with during the year completed.
So how does the voting process work when electing Trustees?
The Trustees play a vital role in the management of the scheme and are elected representatives of the owners in a sectional-title scheme who are entrusted to manage the scheme in good faith and with the members’ best interest in mind. The duties they perform are required by law, and as such, legally binding. The Body Corporate can appoint a number of people (whether or not they own sections) to oversee the day-to-day management of the sectional title scheme.
Prescribed Management Rule 5 requires that the majority of the Trustees appointed are owners or spouses of owners. Therefore if the number of non-owners outweighs the number of owners or spouses of owners then the non-owner candidate with the lowest number or least value of votes must be eliminated and this process must be repeated until the correct number of Trustees is achieved with the majority being owners or their spouses.
The Annexure 2 Conduct Rules in a nutshell – Sectional Titles Schemes Management Act
WHAT ARE MY OBLIGATIONS AS AN OWNER?
What are my obligations as a member/owner?
A member must repair and maintain his/her section in a state of good repair.
A member must use and enjoy the common property, a section, and any exclusive use area in a manner that will not cause a nuisance or cause obstruction.
A member must notify the Body Corporate of any change of membership or occupancy of a section and of any mortgage.
A member must not use a section for any other purpose other than for what it is intended as shown by implication or expressly on the sectional plan.
A member must ensure that all levy and ancillary charges due to the Body Corporate are paid on or before the due date.
A member must comply with all rules, the STSMA, and municipal bylaws and ensure that any occupant/tenant complies with the rules, notwithstanding any provision to the contrary contained in any lease or any other grant of rights of occupancy.
Notwithstanding that a water-heating installation [Geyser] forms part of the common property and is insured by the Body Corporate, a member must maintain, repair, and when necessary, replace such installation which serves that Members section or exclusive use area; provided that where such installation serves sections owned or exclusive use areas held by more than one Member, the
Members concerned must share the maintenance, repair, and replacement costs on a pro-rata basis.
What is considered a nuisance?
A nuisance can be defined as any form of interference or encroachment on a person's right to the use and enjoyment of their property or common property.
The Courts have qualified the definition of nuisance further that it must be reasonable and the inconvenience material. Therefore it must be an objective material infringement.
A child running around laughing is not an objective material infringement as they have the right to live.
A resident moving a chair and scraping the floor is not an objective material infringement as they have the right to live.
A water leak in a section that causes damage to the section below due to the owner above not attending to the repair would be considered an objective material infringement.
BUILDING, ALTERATIONS, EXTENSIONS, ADDITIONS
Owners of units in a sectional title scheme are subject to more restrictions than those who own freehold property.
What is an ‘extension’ of a section?
Any alteration to your section which increases its boundaries or floor area is considered an extension of the section. The boundaries of each section, shown as solid lines are indicated on the scheme’s sectional plan filed at the Deeds Registry.
The procedure for extending a section is governed by Section 24 of the Sectional Titles Act, Act No. 95 of 1986, as amended, (the Act).
Some examples of what would be classified as an extension of a section?
Increasing the size of a bedroom to take up some of the garden space would be considered an extension.
Enclosing an exclusive use patio or balcony with a permanent structure and the space becomes watertight would be considered an extension as you are changing the nature of the area and using it for a different purpose from which it was intended.
In simple terms: if the floor area of a livable/habitable space is increased then you have extended the boundaries of your section.
Steps to follow when extending a section
Approach the Trustees to ascertain if there are any scheme rules regarding special requirements as to the design, materials to be used, and aesthetics of the extension. Discuss the matter with the Local Authority as to their requirements and cost for the approval of the building plans for the extension. Consult a Land Surveyor regarding the preparation of the sectional plan of extension and the costs involved. The Land Surveyor may want to come on site to discuss and quote, especially if any exclusive use areas are affected by the extension. Obtain from a Conveyancer a quote of the costs of registering the sectional plan of extension in the Deeds Office. Approach the Body Corporate for authorization of the extension by way of the Body Corporate passing a special resolution. A Land Surveyor or Architect must certify stating that there is no deviation of more than 10 per cent in the participation quota of the relevant section as a result of the extension. If you intend extending your section by more than 10% your Conveyancer will need to send a notice by registered post to each mortgagee (or where a mortgagee is a financial institution to its headquarters) and obtain consent.
What is considered an “alteration”?
The STSMA places emphasis on a “minor alteration”. A minor alteration would be adding a door number on the outside of your door for example. This you would be able to do but rule of thumb always obtain written approval from the Trustees. A structural alteration would be a modification of a structure which forms part of the building that affects the exterior appearance of a section. Remember as this affects common property this requires unanimous approval from all the members.
Some examples of a structural alteration
Adding a sliding door or a window would be considered a structural alteration.
Installing a solar panel on the roof would be considered a structural alteration.
Building a Lapa or Braai Chimney would be a structural alteration.
Adding a covered or semi-covered permanent structure such as an awning not made of cloth would be considered a structural alteration.
Wendy Houses are also structural alterations.
The above requires unanimous approval from all the Members and in most cases approval from the Council. This is not a decision that the Trustees can make alone. Any structural addition must be noted on the insurance policy so remember to inform the Broker. The additional premium will be for your account. Internal building works do not require approval unless you are removing walls in which case you will need to provide a report from a Structural Engineer confirming that the removal of the walls will not affect the structural integrity of the building.
In Conclusion
“When it comes to property, De Lucia Group can handle it all.”
The De Lucia Group is more than a multi-divisional company, we are a company with an unwavering dedication to assisting every individual along their journey in the South African property market.
Whether you’re an everyday home buyer, seller, investor, owner, or tenant, we have established services and grown our expertise around you and your needs. Our commitment has seen us expand from a traditional sales and rental company to one that offers Property Development and Management, Bond Origination, Short-Term Insurance, Maintenance, Sectional Title Management, and Consulting Services.
Our client-centric business culture and sound understanding of the industry are our key to consistent growth and transformation.
Live your dreams! We’ll take care of everything else.
