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PART 2 - LIVING IN A COMPLEX, ESTATE , COMMUNITY PART OF A BODY CORPORATE OR SCHEME

Minor Alterations to Common Property - Part 2

Thank you to CIA UNDERWRITERS FOR THIS INFORMATION

 


In Part 1 of this series we had a look at what is common property, in this part we will be looking at Minor Alterations to common property - trustee consent.


Model Conduct Rule 4(1) reads: "The owner or occupier of a section must not, without the trustees' written consent, mark, paint, drive nails, screws or other objects into, orotherwise damage or deface a structure that forms part of thecommon property."

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The legislator goes on to say that an owner or occupier must be considered to have trustees' permission to install a locking or safety device to protect his section against intruders, or a screen to prevent the entry of animals or insects.

Further to this, the device or screen must be soundly built and the design, colour, style and materials must be approved by the trustees in writing.

Article courtesy of Marina Constas and Karen Bleijs
Demystifying Sectional Title 

In Part 3 of this newsletter we will be moving on to the more complicated improvements...

DO YOU LIVE IN AN ESTATE , COMPLEX , COMMUNITY PART OF A BODY CORPORATE OR SECTIONAL TITLE SCHEME - COMMON PROPERTY PART 1

Thank you to CIA UNDERWRITERS for their information

 

Continuing with our Advice from the Experts series, we will over the next few newsletters be looking at the Common Property of a sectional title scheme.

Common property in a sectional title scheme includes all areas other than those designated as sections on the sectional plan. 

In other words everything
outside the section
 such asdriveways, pavements, fences, gates, communal gardens and club houses all form part of the common property.

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According to the Sectional Title Schemes Management Act (STSMA), common property falls into 3 main areas:

  • The land in the scheme;
  • Those parts of the building or buildings that are not included in a section (a section is the area inside a unit between the walls including the ceiling, floor, doors and windows) and;
  • Any extra land that the body corporate decides to buy to increase the common property size (after the written consent of all its members have been obtained).

Common property is therefore owned by all members of the body corporate in undivided shares according to the participation quota of their respective sections.  In simple terms, the size of the sectiondetermines the size of the share that the unit owner holds in thecommon property.

Because it is an “undivided share” no one can request the land on which the scheme is built, or any other parts of the common property be divided or separated. This is simply not possible from a practical or legal point of view.

Article courtesy of Marina Constas and Karen BleijsDemystifying Sectional Title 

In Part 2 of this newsletter we will look at Minor alterations to Common Property - Trustee Consent.

DURBAN AND SURROUDNING AREAS ARE SEEING AN INCREASE IN CRIME DURING THE LOCKDOWN PERIOD

4 May 2020 – information supplied by BLUE SECURITY THANK YOU

PINETOWN BUSINESS FALLS VICTIM TO ARMED GANG’S LIQUOR LOOTING SPREE

Durban commercial owners are warned to increase or upgrade security measures onsite during Lockdown to prevent becoming a statistic of crime. This follows a number of industries and businesses being targeted by criminals this week throughout greater Durban.

“An armed gang went on a six-hour looting spree at a Pinetown business from 11pm on Tuesday night through to 5am on Wednesday clearing the premises of a vast amount of liquor after tying up the security guard,” said Blue Security community and media liaison officer, Andreas Mathios.

“The three suspects arrived in a vehicle and held up the security guard at gunpoint before tying him up and locking him in a car. “Evidence shows that they gained access to the premises by cutting the wire fence, breaking a window and cutting the roller-door locks. They also damaged the alarm system,” Mathios said. They then spent the next six hours loading the getaway vehicle with boxes of wine, whisky and vodka. “It was established after the incident that stolen items included two plasma TVs, two laptops and multiple boxes of wine, vodka and Scotch whisky. Investigations are continuing,” Mathios said.

In a separate incident a business owner arrived at his business premises in Umbilo on Wednesday morning and discovered that the office had been robbed. “It appears that suspects had broken into the building early on Wednesday morning. Access was gained to the reception area by breaking a window and cutting through the burglar bars,” Mathios said. “The main office and reception area was ransacked and a laptop and large amount of cash was removed. Umbilo SAPS attended the scene and the case is under investigation,” Mathios said.

A business owner in Isipingo Rail was also targeted on Wednesday morning. “A check of the premises revealed that access had been gained via an open window on an upper level of the building. The burglar bars were still intact,” Mathios said. “Investigations showed that a computer screen and digital camera had been removed from the premises. Isipingo SAPS attended the scene,” Mathios said.

“A business in Jacobs was also targeted before 5am on Thursday morning. A check of the building indicated that a front window on an upper level had been forced open. A screwdriver was found nearby. An initial check showed that only a toolbox had been removed,” Mathios said.

“Lockdown is not deterring criminals and in some instances quieter industrial or retail districts are a boon for illegal activities to occur undetected,” Mathios said. “It is therefore vital that businesses ensure their premises are sufficiently protected with well-maintained and efficient security systems,” Mathios said. “Ensure perimeters have electric fencing, are well-lit and are connected to a security provider’s control room. Arrange for regular patrols by a security provider. On-site guards should also be provided with remote panic buttons that can be activated at any sign of trouble,” Mathios said.

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Be safe

THE ES BROKERS TEAM