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September 2016 (Volume 11, Issue 09)

Hi Paddocks Press fan,

The Community Schemes Ombud Service's latest published estimate is that the regulations under both the STSM and CSOS Acts will take place in the Government Gazette on 7 October 2016.

The STSM Act and its regulations, including the new management and conduct rules, will be effective from that date. 

The CSOS Act will also come into operation on the same date, but some of the provisions in the CSOS regulations are expected to come into effect either 30 or 90 days after the date of publication, as follows:
  • Fees and Levy Collection -  90 days from date of publication.
  • Registration of schemes - 30 days from date of publication.
  • Filing of Scheme Governance Documentation - 90 days from date of publication.
In this month's edition, Carryn explains Annual General Meetings in the video, as well as unpacks what needs to be considered before authorising an extension of a section, in her recent article. Anton clarifies a scheme's relationship with the local municipality, whilst Zerlinda explains trustee indemnity in her blog post.

Kind regards,

NEXT EDITION: Wednesday, 26 October 2016
Paddocks Press Video 14: Annual General Meeting
Paddocks Press Video 14: Annual General Meeting

Considerations before authorising the extension of a section
By Dr Carryn Melissa Durham

This article addresses the various considerations a body corporate should make before authorising an owner’s request to extend their section by special resolution. The trustees are required to consider, and apply their minds, to each application or proposal made by owners for alterations, additions, extensions, renovations or improvements, and based on the merits of each request, either allow or deny the request.

Read the article

A community scheme's relationship with the local municipality
By Anton Kelly

All community schemes have two things in common: levies and rules. However, not everyone knows that scheme rules and restrictions on what owners can and can’t physically do with their properties must be in line with corresponding local municipal rules and regulations. Anton goes on to unpack the requirements with zoning and town planning compliance, overlap of scheme governance documents with By-laws, and HOA specific issues.

Read the article
Trustee indemnity
By Zerlinda van der Merwe

In this blog post, Zerlinda explains trustee indemnity and that each trustee of the body corporate stands in a fiduciary relationship to the body corporate and its members. Section 40 of the Sectional Titles Act defines this important type of relationship by placing a number of fiduciary duties on the trustees.
Read the blog post

Join us, for one of our University of Cape Town or Paddocks industry courses, presented online, throughout South Africa.

NEW courses launched
Short courses starting soon - With updated legislation Corporate online group training Upcoming short courses
  • Start and Manage a Sectional Title Managing Agency  |  Starts: TBC
  • Community Scheme Financial Manager  |  Starts: TBC
  • Community Scheme Occupational Health and Safety  |  Starts: TBC
  • Sectional Title Scheme Development  |  Starts: TBC
For further information, please contact Dino on 021 686 3950, or email
Questions and Answers

As we have so many interesting questions on Paddocks Club, we decided to share the following two with you:

1. Internal leak
2. Overflow of geyser

Prof. Paddock and the team are available to answer the Community members' questions on the Paddocks Club discussion forum. Get your questions answered by joining Paddocks Club today.

Read this month's Q&A.
How can we assist you?

021 686 3950
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