25 Feb 2011
The long awaited Sectional Title Amendment Act 11 of 2010 has finally been published on 7 December 2010. The Amendment Act aims to clarify, define and redefine a number of issues related to the everyday dealings with Sectional Title concepts. The most important amendments for Estate Agents are discussed below.
A door, window or other structure that forms part of a dividing wall floor or ceiling shall be considered to be part section and part common property or part of one section and part of another section depending on the circumstances. This shall be the case irrespective of whether it falls inside or outside of the ?median line?. The maintenance costs shall hence forth be considered to be shared between the body corporate and the owner of the section or between the respective section owners.
Distinction is now made between Ordinary Contributions and Special Contributions. By insertion of Section 37 (2A) and (2B) special contributions (levies) becomes due on passing of the resolution by the trustees and are recoverable from the owner at the time of the passing of the resolution. Section 37 (2B) defines special contributions.