Precious Rose Properties International

Precious Rose Properties International Precious Rose Properties a team of dynamic Realty Professionals, defined by our exceptional service

21/02/2024

Jan le Roux, CEO of Rebosa, has warned homeowners and estate HOAs about illegal profit-making practices in South Africa.

21/02/2024

Doing your research and relying on the advice of a real estate agent could save first-time buyers from making expensive mistakes on their first property purchase.  

Wishing you great luck in the Year of the Dragon and may everything go your way 祝您龙年大吉，万事如意Wishing you wealth and prospe...
10/02/2024

Wishing you great luck in the Year of the Dragon and may everything go your way
祝您龙年大吉，万事如意

Wishing you wealth and prosperity, and may you have good health 恭喜发财, 身体健康

A new year brings new atmospheres, and may the lucky stars shine upon you. 新年新气象，福星高照。

May wealth flow in abundantly, and may you have the energy and spirit of dragons and horses. 财源滚滚，龙马精神

May the golden dragon dance joyfully, and happiness be boundless.
金龙舞翩翩，喜气洋洋。

Wishing harmony and beauty to every family.
和和美美，家家户户。

02/02/2024

The local housing market is likely to get off to a slow start in 2024. With interest rates still far higher than they were in 2020, sellers might need to work a little harder to make sure that their home sells timeously.

02/02/2024

𝗗𝗢 𝗠𝗬 𝗟𝗘𝗩𝗜𝗘𝗦 𝗖𝗢𝗩𝗘𝗥 𝗠𝗔𝗜𝗡𝗧𝗘𝗡𝗔𝗡𝗖𝗘 𝗙𝗢𝗥 𝗠𝗬 𝗕𝗔𝗟𝗖𝗢𝗡𝗬?

In sectional title schemes, the trustees receive levies to be utilized for various disbursements such as building insurance, repairs, upkeep and cleaning of the common areas, garden services and security etc. Usually owners who are entitled to an exclusive use area have an additional levy amount in respect of their rights to the exclusive use of a portion of the common property. Although this arrangement is common, one should be aware that a scheme's rules may stipulate otherwise and mandate that a property owner who has such benefits is also responsible for maintaining the exclusive use area.

In Section 3(1)(c) of the Sectional Titles Schemes Management Act 8 of 2011, it states:

3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include –

… (c) to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs”

We specifically look at the last part of the sentence that says: “unless in terms of the rules the owners concerned are responsible for such costs” because Section 3(1)(c) of the Sectional Titles Schemes Management Act 8 of 2011 requires a body corporate to make policy decisions.

Although a balcony is part of the common property, the sectional title owner has the exclusive rights to use it. According to Section 37(1)(j) of the Sectional Titles Act, the body corporate is in charge of maintaining and repairing all common property, but the owner who has the right to exclusive use of a specific area is liable for covering those costs.

This makes particular sense if the exclusive use area is a balcony that only the owner uses. In that case, the body corporate is required to make sure that the determination of the owner's levy duty takes into account the fact that he/she is accountable for the upkeep.

Therefore, it is the discretion of the body corporate, when the rules are written, to specify who is responsible for the maintenance of an exclusive use area.

View our MCSectionalTitleGuide here
https://mcvdberg.blob.core.windows.net/guides/MCSectionalTitleGuide.pdf

Address

133 Cydonia Road
Germiston
1401

Opening Hours

Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00

Telephone

+27116150992

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