DOCSLIB.ORG

VISOA-MAY-2018.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
VISOA-MAY-2018.Pdf 306 - 620 View Street, Victoria, B.C. V8W 1J6 General Office Email: [email protected] Office Telephone: (250) 920-0688 or 1-855-38VISOA (1-855-388-4762) Strata Support Team: 250-920-0222 or 1-877-33VISOA (1-877-338-4762) VISOA Web site: www.visoa.bc.ca Vancouver Island Strata Owners Association VISOA Bulletin - MAY 2018 Editor’s Angle David Grubb, Co-Editor our employees (and keeping Board amendment of SPA Regulation 6.9 On being officially “appointed” co- members in line). We owe a huge to accommodate specific groups of editor of the Bulletin, I recognized, “Bravo Zulu”, as the Navy says, to owners sharing expenses in preparation Latin having been inflicted on me from Sandy for her outstanding work. for Electric Vehicle charging stations. an early age (now mostly forgotten), So I will give my best shot at keeping Of particular interest is an that “co-“ is an abbreviation of “con”, the Bulletin rolling off the press every announcement from the BC Law signifying “with”. But “con” has many quarter, with the advice and help of Institute Committee regarding the secondary meanings. So am I editing Sandy, Georgia Ireland who formats release of their Consultation Paper with Sandy or have I been conned? each edition so creatively, and the on Governance Issues in Stratas. It is Realistically, I have been a copy other members of the Board who add a well written but detailed study with editor for some years, content to check their expertise as well. their recommendations of sections of punctuation, spelling and grammar, Sandy will maintain her President’s the Act dealing with how stratas should and rephrase some sentences for Report which will concentrate on the rule themselves, including potential clarity. But I have not dealt with activities of the Board and, with input effects on the Standard Bylaws and finding writers and articles, layout, from our members, represent VISOA probably individual stratas’ bylaws. It advertisements, lists of business in dealing with developments and is well worth all strata owners’ reading members, and all the small details that issues in the strata community about and we encourage feedback to the go into the production. Nonetheless, which strata owners are concerned. Committee: especially the long form. it is time someone lifted the burden In this issue, in addition to some (Deadline: June 15, 2018) from Sandy’s shoulders after 8 years ever-valuable information about bylaw As ever, we are always on the at the job. And that was in addition enforcement and common property look-out for articles which may be to becoming President, organizing usage (Pets & Parking! Again!), of interest to strata owners. So if you seminars and workshops, serving we have some solid advice from have something to share or would like on several provincial committees business member Cameron Carter to see some information about a topic, concerned with stratas, liaising about insurance and the replacement please do not hesitate to send us a note with other agencies, supervising cost of a condominium, and the latest at [email protected]. In this issue... BOARD OF DIRECTORS 2018 • Editor’s Angle David Grubb ..........................................................................................................1 EXECUTIVE • You Asked: The More Things Change... Harvey Williams ....................................................................3 President - Sandy Wagner • You Asked: Who is Responsible for Leak? David Grubb .......................................................................3 Vice President - • The Importance of Insuring a Condominium to its Full Replacement Cost Cameron Carter ...............7 Paulette Marsollier • BCLI Seeks Your Input on Governance Issues for Strata Corporations Kevin Zakreski ........................11 Secretary - David Grubb • Introducing New Business Members ..................................................................................................10 • Business Members Directory ..............................................................................................................12 Treasurer - Betty-Ann Rankin • But It Has Always Been My Unit’s Parking Space! David Grubb .........................................................15 DIRECTORS AT LARGE • Pet Problems Shawn M. Smith ........................................................................................................19 • Plugging Into User Fees Wendy Wall ................................................................................................22 Deborah Fraess, • President’s Report Sandy Wagner ...................................................................................................24 Lynn Klein, Wendy Wall “Assisting Strata Councils and Owners since 1973” VISOA Bulletin May 2018 • 1 The More Things Change... [The following “You Asked” article was written for the March, 2003, Bulletin by our veteran Helpline person, and sometime editor & president. It is reprinted here because it answers the same question the Strata Support Team still gets! And the answer has not substantially changed! Ed.] only one person wants to serve on ers. Moreover, they are apt to be criti- the strata council? cized by fellow owners who disagree with their decisions. The strata council is the principal means by which strata owners partici- pate in the management of their strata Bulletin, March 2003 property. While the Strata Property Act (SPA) doesn’t require any par- YOU ASKED ticular owner to serve, it does require Harvey Williams the election of a strata council from Have a question about managing among owners or their designates. A. Difficulty in finding owners will- your strata corporation? Ask us. If we The parameters of the strata council ing to serve on the strata council is don’t know the answer, we’ll either are set out in Sections 25 and 26 of the a perennial problem in most strata find it for you or direct you to where SPA which read as follows: corporations. One reason for owner you can find the answer. Questions reluctance to serve on councils is may be rephrased to mask the identity 25 At each annual general meeting that the motivation for purchasing a of the questioner and to improve clar- the eligible voters who are present condo in the first place was to escape ity when necessary. We do not provide in person or by proxy at the meeting the burden of home management and legal advice and our answer should must elect a council. maintenance. It often comes as an un- not be construed as such. However, pleasant surprise to first-time condo we may, and often will, advise you 26 Subject to this Act, the regulations owners to discover that they are ex- that you need legal advice. and the bylaws, the council must ex- pected to serve on the strata council ercise the powers and perform the du- from time to time. Q. What happens when no one, or ties of the strata corporation, includ- It may seem to ing the enforcement of bylaws and them that they have rules. Finally! A Permanent, only exchanged one set of problems for Although the Act leaves the size of another even more Environmentally Friendly the council to the bylaws, not having complex set of prob- a council is not an option even though Asphalt Patch lems. In their single a strata corporation employs a man- family dwelling, agement firm. It is also left to the by- they made all the laws to define a quorum for council decisions and paid meetings. Although Section 9 of the all the costs. In a Standard Bylaws states that a council condominium, man- must have not less than 3 and up to agement decision Finally! A Permanent, 7 members, a strata corporation will are made collective- adopt a different number of members Environmentally Friendly ly and the costs are on the council if there are fewer than shared among the Asphalt Patch four units in the strata corporation. In owners. As a coun- that case all owners will be on coun- cil member, they are cil. called upon to make What happens when not enough decision in coop- owners are willing to serve on the 776 Cloverdale Ave at Oak St. for more info eration with and on 250-727-3545 [email protected] behalf of other own- Continued on page 5 VISOA Strata Support Team (250) 920-0222 • General information - [email protected] VISOA Bulletin May 2018 • 2 YOU ASKED By VISOA Strata Support Team Have a question about managing your strata corporation? Ask us, we’ve had a lot of experience helping strata corporations solve problems - perhaps we can help you. Questions may be rephrased to conceal the identity of the questioner and to improve clarity when necessary. We do not provide legal advice, and our answers should not be construed as such. However, we may, and often will, advise you to seek legal advice. eons, then any leaks, etc. become unlikely to be the fault of the original the responsibility of the owner, contractor or plumber: pipes simply whether they be original owners or wear out and a minor disturbance might be just sufficient to open up a pinhole leak or a crack. Nor is the “fault” necessarily that of the plumber who was working in the unit to replace the fixtures. I am WHO IS RESPONSIBLE FOR sure that most plumbers can tell you about occasions where they have LEAKS? replaced some fixtures, or did some not, having bought the faults along relatively minor work, but their with all the other trappings that By David Grubb work was just enough to trigger such come with ownership in a Strata. a small leak (shake the pipe, cause Anyway, should I be calling in the it to vibrate just enough) but the Q. An apartment owner in our strata’s insurance company to look result might not show up for a while building doing due diligence had a at this whole mess? Should it be the because it started as a slow drip (or plumber in to make repairs to their strata’s problem in the first place? it might be more forceful but not be bathroom drains and shower taps What happens if the repairs cost less noticed for a while especially if the etc. In doing this there was some than our deductible? original job didn’t involve opening damage that has caused a leaking the wall up).
Load more

Recommended publications
  • Bayview Property Management Parksville
    Bayview Property Management Parksville Gestational Henrique still lames: mousiest and hydrophanous Clemens entitle quite dejectedly but empanelling her laudability materially. Roscian Ignaz degenerates some kabob and superordinated his mudcats so thither! Entrenched and quality Raymundo cobwebbing, but Welsh accommodatingly inveigling her dastardliness. If they guided us using a beautiful quartz counter tops in emails for parksville property of quality canadian independent living area, frequency of the staff Visit site page then find a Brokerage. PRIDEAUX STREET 1 bedroom 1 bathroom top quality apartment 302 309. Bayview at Coal Harbour offers luxury studio one fix two bedroom apartments. Parksville oceanside village resort management ltd. Validate fields in a review that has changed since that can help you must provide a growth area of ownership. You are using a browser that does hush have Flash player enabled or installed. Qualicum Beach resort, with sweeping views of the Sunshine Coast mountains, Texada, Denman, and Hornby Islands and the Georgia Strait. An agent and parksville! We tear it extremely relaxing. You have recently visited this website. There perhaps a huge element of trust with our management consultant knowing by her knowledge of total understanding of the leave legislation by the Strata Property Act might keep us on track. Why you a property managers serving parksville properties for bayview hotel fees that will be updated and homeowners to book a large bedroom. There was very quiet living room to the bayview hotel, hardwood flooring in life. Interested in one probably our properties Apply online Bayview Strata & Rental Services 141 Memorial Ave PO Box 939 Parksville BC.
    [Show full text]
  • AN ANALYSIS Jing Zhi Wong* ABSTRACT
    27 (2) 2019 IIUMLJ 397 - 446 TOWARDS ENFORCEABLE STANDARDS, RULES AND RIGHTS IN STRATA MANAGEMENT: AN ANALYSIS Jing Zhi Wong* ABSTRACT The Strata Management Act 2013 (Act 757) and the Strata Titles Act 1985 (Act 318) confer broad powers on strata communities to self-manage and self-regulate through body corporates (termed Strata Management Bodies). The policy behind these legislations promotes maximum autonomy and self-regulatory powers for Strata Management Bodies to, through their internal rule-making and decision-making processes, govern themselves in ways that best suit their needs and interests. Consequently, judicial and administrative recognition of Strata Management Bodies’ autonomy has left a lacuna of matters which are not justiciable by the Courts and/or the Strata Management Tribunal. This adversely affects homeowners’ ability to access substantive justice. This article, through doctrinal analyses of key Malaysian and Western Australian cases, sheds light on a selection of strata disputes illustrating the inadequacies of the law on strata title and strata management, and the lack of enforceable standards of good management practices. The article also explores how the apathetic application of general principles of company law to strata management bodies has left a lacuna of non-justiciability. Consequently, this article argues the case for strata law reform. It advocates for law reform that promulgate standards, rules and rights of good strata management as enforceable law, rather than mere general, high-level, unenforceable and unjusticiable principles. Keywords: Strata Management, Management Corporation, Common Property, Rights, Corporations, Malaysia, Western Australia. * JD Candidate, Law School, The University of Western Australia. Email: [email protected].
    [Show full text]
  • CONSOLIDATED STRATA PROPERTY ACT and STRATA PROPERTY AMENDMENT ACT, 1999
    CONSOLIDATED STRATA PROPERTY ACT and STRATA PROPERTY AMENDMENT ACT, 1999 Strata Property Act (except section 72(2)(b)), Strata Property Amendment Act and Strata Property Regulation are brought into force effective July 1, 2000. This consolidation of the Strata Property Act (the "Act") and the Strata Property Amendment Act (the "SPAA") has been produced and consolidated for convenience only. Every effort has been made to ensure accuracy and completeness of the material, however Lawson Lundell Lawson & McIntosh does not guarantee its legal accuracy and does not accept responsibility for loss and inconvenience suffered by users as a result of inaccuracies. Please be advised that this material is not admissible in a court of law in accordance with the Evidence Act. For such purposes official Queen's Printer copies of acts and regulations must be obtained. The amendments contained in the SPAA are set out in italics with a reference to the SPAA section set out in [square brackets] immediately following the amendment. The consolidated Act includes cross-references to the Strata Property Act Regulations. Where the Act includes a prescribed form, reference to the form is included in{parenthesis}. HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: PART 1 - DEFINITIONS AND INTERPRETATION -- s. 1 Definitions and interpretation -- s. 1 1 (1) In this Act: "approving officer" means an appropriate approving officer appointed under the Land Title Act [amendment SPAA s1];
    [Show full text]
  • STRATA TITLES (LEASEHOLD PART STRATA) AMENDMENT ACT 1992 No
    STRATA TITLES (LEASEHOLD PART STRATA) AMENDMENT ACT 1992 No. 12 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of Strata Titles (Leasehold) Act 1986 No. 219 SCHEDULE l—AMENDMENTS STRATA TITLES (LEASEHOLD PART STRATA) AMENDMENT ACT 1992 No. 12 NEW SOUTH WALES Act No. 12, 1992 An Act to amend the Strata Titles (Leasehold) Act 1986 so as to make further provision for the strata subdivision of parts of buildings; and for related purposes. [Assented to 17 March 1992] 2 Strata Titles (Leasehold Part Strata) Amendment Act 1992 No. 12 The Legislature of New South Wales enacts: Short title 1. This Act may be cited as the Strata Titles (Leasehold Part Strata) Amendment Act 1992. Commencement 2. This Act commences on a day or days to be appointed by proclamation. Amendment of Strata Titles (Leasehold) Act 1986 No. 219 3. The Strata Titles (Leasehold) Act 1986 is amended as set out in Schedule 1. SCHEDULE l—AMENDMENTS (Sec. 3) (1) Section 5 (Construction of Act (1973 Act, s. 6)): After section 5 (3), insert: (4) The provisions of this Act, other than those relating to ownership and the certification of title, apply: to so much of an encroachment (other than on a public place) shown on a proposed strata plan as is designated for use with a lot—as if it were part of the lot; or to the remainder (if any) of such an encroachment and to any other encroachment (other than on a public place) shown on a proposed strata plan—as if it were common property.
    [Show full text]
  • Privacy Guidelines for Strata Corporations and Strata Agents Page | 2 TABLE of CONTENTS
    June 2015 Privacy Guidelines for Strata Corporations and Strata Agents Page | 2 TABLE OF CONTENTS Overview.............................................................................................................................................2 Collection, use and disclosure of personal information...................................................5 Retention and protection of personal information...........................................................11 Requests for personal information.........................................................................................13 Personal information of employees.......................................................................................15 Privacy tips for minute-taking at strata corporation meetings....................................17 Privacy issues relating to audio or video surveillance and monitoring systems…19 Requests for complaint records...............................................................................................22 Responding to privacy complaints. ........................................................................................24 Creating a privacy policy............................................................................................................24 Personal information collected before January 1, 2004.................................................24 Responding to privacy breaches.. ...........................................................................................24 Appendix 1: Guidelines for creating a strata
    [Show full text]
  • Real Estate Council of British Columbia – Working with a Strata Management Company
    recbc.ca http://www.recbc.ca/consumer/stratamanagement.html Real Estate Council of British Columbia – Working With A Strata Management Company Working With A Strata Management Company What is the Real Estate Council of British Columbia? The Real Estate Council of British Columbia (“RECBC”) is a regulatory agency established by the provincial government. Its mandate is to protect the public interest by enf orcing the licensing and strata manager/brokerage conduct requirements of the Real Estate Services Act (“RESA”). RECBC is responsible f or licensing individuals and brokerages engaged in trading services, rental property management services and strata management services. RECBC also enf orces entry qualif ications, establishes ongoing education requirements, investigates complaints against strata managers and brokerages, and imposes disciplinary sanctions under RESA. Strata Management Services Provided through a Brokerage All services that require licensing under RESA, including the provision of strata management services, must be provided through a brokerage. In most cases, strata management services are provided by a company, partnership or sole proprietorship which is licensed as a brokerage. The brokerage engages licensed individuals to carry out the specif ic strata management activities. Such individuals are usually ref erred to as strata managers. Every brokerage must have a managing broker who is responsible f or the activities of the brokerage and who supervises the individual strata managers. Although an individual strata manager is usually assigned to provide services to the strata corporation, the strata manager is providing the services on behalf of the brokerage. During the term of the contract between the strata corporation and the brokerage, the brokerage may assign dif f erent strata managers to provide services to the strata corporation.
    [Show full text]
  • Strata Plan Reference Guide
    PLANS REFERENCE GUIDE Strata Plans Version 1.0 June 2019 Document Control Revision History Version Revision Date Description of/ Reason for change Author 0.1 October 2018 Initial draft of structure and content for gap Joshua Barry identification 1.0 June 2019 First version for publication on NSW LRS website Megan Tucker Table of Tables Table 1: Legislative Framework for Strata Plans ........................................................................................................... 2 Table of Figures Figure 1: Reference Guide Document Control Process ................................................................................................. 3 A. PURPOSE Purpose of the document is as a reference guide to assist: i. Surveyors and industry in the submission of plans to NSW LRS with fewer errors resulting in lower rates of requisition. ii. NSW LRS plan examiners in their examination of strata plans submitted for registration. Whilst all care has been taken to prepare this Guide, it is acknowledged there may be gaps relevant to the examination of plans. Where this becomes evident by either NSW LRS or surveyors, users of the manual are asked to raise this issue with NSW LRS, who will follow the document change process in section 3 of this Guide. This Plans Reference Guide is a joint initiative between NSW LRS, the Office of the Registrar General (ORG), Surveyor General and Industry. B. CONTEXT Surveyors and Lodging Parties need to consider, and refer to, many primary references in the NSW legislative framework when creating a plan to lodge with NSW LRS. Similarly, NSW LRS Plan Examiners need to reference these same artefacts in the examination and registration of a plan. This Reference Guide pulls together these primary references in a Plan Examination Framework that can be used by both Surveyors and Plan Examiners in the creation, examination and registration of Strata Plans.
    [Show full text]
  • 36. Is There a Registered Building Management Statement Pursuant to Section 108 of the Strata Schemes Development Act 2015 (NSW)
    36. Is there a registered building management statement pursuant to Section 108 of the Strata Schemes Development Act 2015 (NSW)? If so, are there any proposals to amend the registered building management statement? 37. If the strata scheme was in existence at 30 November 2016, has the Owners Corporation taken steps to review the by-laws that were current at that date? If so, please provide particulars. 38. Are there any pending proposals to amend or repeal the current by-laws or to add to them? 39. Are there any proposals, policies or by-laws in relation to the conferral of common property rights or which deal with short term licences and/or holiday lettings? 40. If not attached to the Contract, a strata information certificate under Section 184 of the Act should be served on the Purchaser at least 7 days prior to completion. 41. Has the Owners Corporation met all of its obligations under the Act relating to: (a) insurances; (b) fire safety; (c) occupational health and safety; (d) building defects and rectification in relation to any applicable warranties under the Home Building Act 1989 (NSW); (e) the preparation and review of the 10 year plan for the capital works fund; and (f) repair and maintenance. 42. Is the secretary of the Owners Corporation in receipt of a building bond for any building work on a building that is part of the Property or the common property? 43. Has an internal dispute resolution process been established? If so, what are its terms? 44. Has the Owners Corporation complied with is obligations to lodge tax returns with the Australian Taxation Office and has all tax liability been paid? Capacity 45.
    [Show full text]
  • Rezoning Application Rz
    Application Number REZONING APPLICATION RZ Work Order Resort Experience, Planning Department Received by Tel 604-935-8170 (direct) Fax 604-935-8188 (OFFICE USE ONLY) Email: [email protected] Subject Property Street Address: Legal Description P.I.D. Lot D.L. Plan Block Zoning Name of Registered Owner: Mailing Address: City: Province: Postal Code: Phone: Cell: Email: Fax: Name of Applicant/Agent: Mailing Address: City: Province: Postal Code: Phone: Cell: Email: Fax: Present use of property: Description of proposed rezoning: Application Fee: $1,500.00 Title Search: $21.00 (per P.I.D.) Y N Resort Municipality of Whistler Rezoning Application 2 AUTHORIZATIONS I authorize (PRINT NAME of registered owner) (PRINT NAME of agent/person authorized to sign the application) to act as agent and sign the application form to the Resort Municipality of Whistler on my/our behalf for the property known as (Civic address of property) Signature(s) of registered owner(s) Date Signature(s) of Signing Officer(s) of Corporation Corporate Seal(s), if applicable Date PROPERTY OWNER’S AGREEMENT As of the date of this application, I am the registered owner of the lands described in the application. I have examined the contents of the application, certify that the information submitted with it is correct insofar as I have knowledge of these facts, and concur with the submission of the application. I acknowledge that the lands described in the application may be subject to applicable laws, regulations, and guidelines including, but not limited to, the Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 2015 and the Local Government Act.
    [Show full text]
  • Strata Management Company Is a Good One for You (And Avoid Being Stuck with a Manager Who Doesn’T Follow Through)
    1 2 Table Of Contents Here’s everything the guide offers you: 1 The Complete List Of Council Member Responsibilities 3 The 4 Strata Council Roles: Is Your President Doing Your Secretary’s Job? 4 What Your Strata Manager Does For You 10 How To Tell If A Strata Management Company Is A Good One For You (And Avoid Being Stuck With A Manager Who Doesn’t Follow Through) 13 Avoid These 4 Strata-Crumbling Mistakes 13 How To Run The 3 Different Kinds Of Council Meetings 15 Ready To Hire A Strata Management company? Follow This Simple 4 Step Process! 16 Did You Know That It’s Illegal For Your Building To Lack A Strata? 3 The Complete List Of Council Member Responsibilities To be in your strata council, you must be elected into your position. Here’s who can vote: ● Owners ● Current council members ● Attendants by proxy - an owner assigns someone to vote on their behalf when they can’t attend the election. Anyone can be an attendant, except a Strata Manager. You and others on the council are in charge of: ● Daily decisions that keep the strata running smoothly, such as: ● Elevator maintenance ● Curbside garbage pickup ● Proper operations under the Strata Property Act ● Bylaw creation and enforcement Here’s a deeper breakdown of strata council responsibilities: ● Planning and executing meetings, such as: ● The annual general meeting (AGM) ● Special general meetings (SGM) ● Consistent general meetings ● Writing out the budget of the strata, which includes: ● Capital planning ● The contingency fund ● Collecting strata fees (also known as levies) and fines ● Attaining strata corporation insurance - it’s legally required! ● Being easy to contact, by either: ● Phone ● Email ● Hiring contractors and supervising them to ensure jobs are done correctly 4 ● Keeping important documents, such as: ● A list of owner and tenant names ● All strata corporation records.
    [Show full text]
  • Strata Titles a Legal Guide
    STRATA TITLES A LEGAL GUIDE Strata Titles 1 Strata titles 3 Contents The Strata Corporation 4 Common property 4 What is common property? 5 Powers of the strata corporation 5 Contracts 6 Contributions 6 Maintenance and repairs - entry to premises 6 Return of property 6 Insurance 6 Building insurance 6 Public liability insurance 7 Fidelity guarantee insurance 7 Officers of the strata corporation 7 Secretary 7 Treasurer 7 Records 7 Access to information 8 Insurance policies 8 Bank statements 8 Other information in relation to a unit or the corporation 8 Articles (Rules) 9 How to change the articles of a strata corporation 9 What cannot be in the articles 11 Dealing with a unit 11 Assistance dogs and therapeutic animals 11 Articles that reduce the value of a unit or unfairly discriminate against a unit owner 11 Breaches of the articles 11 Penalties for breaching the articles 11 Notice of a penalty 11 Time for payment of a penalty 12 Non-payment of a penalty 12 Challenging a penalty 12 Management Committee 12 Powers and responsibilities of the management committee 12 Membership of the management committee 13 Liability of committee members 13 Strata Titles Meetings of the management committee 13 A Legal Guide Notice of meetings 13 This booklet is published as Decisions 13 a community service by the Legal Services Commission. Quorum 13 September 2019 General Meetings 13 © Legal Services Commission Calling of general meetings 13 2 Strata Titles Notice of general meetings 13 Work benefitting particular units 23 Agenda 14 Structural work 23 Quorum
    [Show full text]
  • A Critical Analysis of the Innovations Introduced by the Sectional Titles Amendment Bill of 2010
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Stellenbosch University SUNScholar Repository A CRITICAL ANALYSIS OF THE INNOVATIONS INTRODUCED BY THE SECTIONAL TITLES AMENDMENT BILL OF 2010 CG van der Merwe BA LLB BA(Hons) BCL LLD Research Fellow, Department of Private and Roman Law, University of Stellenbosch Emeritus Professor of Civil Law, University of Aberdeen* 1 Introduction On 17 August 2009 the Minister for Rural Development and Land Reform published the Sectional Titles Amendment Bill (“the Bill”) for public comment1 accompanied by a Memorandum setting out the objects of the Bill.2 This was followed by the Sectional Titles Amendment Bill on 21 June 2010 which altered the previous Bill in only a few minor respects.3 These amendments may be the last before the Sectional Titles Act 95 of 1986 (“the Act”) is broken up into three separate statutes, namely: the Sectional Titles Act; the Sectional Titles Schemes Management Act,4 which will incorporate all the governance provisions of the Sectional Titles Act while leaving the survey and land registration provisions in a leaner Sectional Titles Act;5 and the Community Schemes Ombud Service Act,6 which will provide a dispute resolution mechanism for sectional title and other community schemes. * The author would hereby like to extend his gratitude to Professor Graham Paddock from the University of Cape Town for reading, and making some valuable comments on, an earlier draft of this article 1 GN R 1109 GG 32498 of 17-08-2009 2 Memorandum on the Objects of the Sectional
    [Show full text]