When Conduct Rules Go Too Far: Your Rights in a Sectional Title Scheme

Most conduct rules are practical and uncontroversial. Rules about noise after a certain hour, the storage of items on balconies, or waste disposal procedures are routine. But not all conduct rules stay within reasonable boundaries. Some schemes have attempted to enforce rules or make decisions that restrict residents and third parties in ways the law […]

All our trustees have resigned. What now?

What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue exercising the function and powers of the body corporate, which is entrusted to the trustees by virtue of the Sectional Title Schemes Management Act 8 of 2011 (STSMA)? The […]

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]