The popularity of sectional titles has surged in South Africa’s property market, offering a unique blend of individual ownership of a unit and shared ownership of common areas. This dual nature of ownership presents distinct legal and lifestyle dynamics that require a deeper understanding. But before we get to the deeper technicalities, let’s understand the basics.

Unlike traditional freehold properties, sectional titles involve owning a specific, demarcated part of a building or complex – your unit. But beyond your front door, communal living entails shared ownership of passageways, gardens, and amenities. This necessitates a thorough understanding of the legal framework that sets sectional titles apart.

At the core of every sectional title scheme is the Body Corporate – the legal entity responsible for managing the common property, usually consisting of the owners of the various units. As an owner, you are more than just a resident; you are a vital member of this body, with voting rights on matters that shape your living environment. The Body Corporate oversees day-to-day maintenance and enforces the rules of the complex, ensuring harmonious communal living.

Levies are the financial lifeblood of any sectional title scheme. These monthly payments fund the maintenance of common areas, security services, and sometimes even building insurance. Understanding how these levies are calculated, typically based on the size of your unit, is essential in budgeting and assessing the value offered by the complex. A well-managed complex with reasonable levies is often indicative of good overall health and maintenance of the property.

Adherence to a set of rules is a crucial aspect of communal living. The conduct rules of a sectional title scheme govern the behaviour of residents, covering everything from pet ownership to parking arrangements and noise control. Besides these, management rules oversee the governance of the Body Corporate itself. Familiarity with these rules is advised as they are binding on all owners and residents.

The Body Corporate’s Annual General Meeting (AGM) is where significant decisions are made, from setting annual budgets to electing trustees. Attending these meetings allows you to influence decisions, understand where your levies are going, and ensure your voice is heard. Special General Meetings can be convened for urgent matters, underscoring the need for active and informed participation.

Understanding the delineation between private and common property is crucial for maintenance and repairs. While you are generally responsible for any repairs inside your unit, the upkeep of common areas falls to the Body Corporate. This distinction is vital to prevent disputes and ensure that both private and shared spaces are properly maintained, preserving the value of your investment.

Disputes are not uncommon in communal living setups. Each sectional title scheme typically has a framework for resolving such conflicts between residents or with the Body Corporate. Familiarising yourself with these procedures ensures disputes are handled efficiently and within the established legal framework.

A crucial aspect often overlooked by new owners is insurance. The Body Corporate’s responsibility includes insuring the buildings and common property, but this does not extend to your personal belongings or the interior of your unit. Ensuring that you have adequate personal insurance coverage is essential for your peace of mind and financial protection.

The world of sectional titles offers a unique approach to property ownership. Whether buying into a sectional title scheme, currently residing in one, or involved in its management, understanding these legal aspects ensures a harmonious living experience and safeguards your investment.

For personalised advice or further insights into sectional title living, the team at Kruger Inc. is at your service, bringing clarity and expertise to your property journey.