In the past, the sectional titles act 95 of 1986 sta together with its annexures govern any sectional title scheme. Their view is that these rules did not become part of a schemes management rules when the regulations under the sectional titles act 95 of 1986 the act came into operation on 1 june 1988. The purpose of the sectional titles schemes management stsm act, no 8 of 2011 is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and, for that purpose, to apply rules applicable to such schemes and a sectional titles schemes management advisory council. Levy collection in light of the sectional titles act, the. There is therefore no requirement in the act that demands a unanimous resolution in order for a body corporate represented by the trustees to apply for the issue of a certificate aforesaid where the section 271 right already exists. E it enacted by the parliament of the republic of south africa, as follows. Aug 20, 2018 sectional titles act and regulations 95 1986 share results.
Section 1 of the sectional titles act, 1986 hereinafter referred to as the principal 5 act, is hereby amended a by the deletion in subsection 1 of the definition of administrator. Sectional titles act regulations trafalgar property management. Sectional titles schemes management advisory council. Sectional titles act, 1986 act 95 of 1986 this is a printable version of the act that we have on za with all the relevant regulations, schedules and notices where applicable. No 95 of 1986 assented to 8 september 1986 date of commencement 1 june 1988 afrikaans text signed by the state president as amended by. Board hereby make the regulations contained in the. This act, in essence, has taken all the management, governance and rules as provided in the sectional titles act no. Sectional titles act, 95 of 1986 4 1 definitions 4 part i introductory provisions, sections 23 7 2 ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts 7 3 application of deeds registries act, reproduction of documents, and units deemed to be land 8. I, gugile ernest nkwinti, minister of rural development and land reform, acting in terms of section 55 of the sectional titles act, 1986 act no. Accordingly, the need for scrutinising the rules for legality, both as regards the contents and the validity of the adoption procedures, remained unresolved, this hiatus continuing also during the currency of the later sectional titles act 95 of 1986. Basic understanding of sectional title often the only common factor of a sectional title lifestyle is ownership of a unit in the scheme in which they live. In this article, i will unpack the similarities and differences between the sectional titles act 95 of 1986 the sta, the sectional titles schemes management act 8 of 2011 the stsma and the community schemes ombud service act 9 of 2011 the csosa, relating to levy collection in sectional title schemes. The new sectional title legislation some noteworthy.
Sectional titles schemes management act, 2011 act no. The regulations come into effect on the date on which the act comes into operation. Read in conjunction with the sectional titles schemes management act. Sectional titles amendment act 44 of 1997 rental housing act 50 of 1999 mining titles registration amendment act 24 of 2003 sectional titles amendment act 29 of 2003 sectional titles amendment act 7 of 2005 sectional titles amendment act 6 of 2006 with effect from 25 july 2006 note. Sectional titles act 95 of 1986 south african government. House rules in sectional title schemes thinking inside the box. Sectional titles schemes management act 8 of 2011 south. Ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts. Sectional titles act, rules and regulations page 2 of 100 council council means, in relation to architects, the south african council for architects established in terms of. Nov 12, 2014 blog home amendment of section 47 of the sectional titles act 95 of 1986. Development schemes, sectional plans and sectional title registers part iii. The sectional titles schemes management act 8 of 2011 the act which came into operation on 7 october 2016 had the impact of amongst other amendments repealing section 37 of the sectional titles act 95 of 1986 which section dealt with special levies.
It replaced the first generation sectional titles statute, act no. Keyword access to the sectional titles act s baillie. Shirley baillie of s baillie and associates developed the fully integrated index keyword access to the sectional titles act in 2009, based on the sectional titles act 95 of 1986. Sectional titles act no 95 of 1986 this act provides for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property, the control of certain incidents attaching to separate ownership in sections and joint ownership in common property, the. Commencement of the sectional titles schemes management act 82011. Sectional titles amendment act 63 of 1991 sectional titles amendment act 7 of 1992 sectional titles amendment act 15 of 1993 regional and land affairs second general amendment act 170 of 1993. Regional and land affairs second general amendment act. Sectional titles act and prescribed rules chas everitt. Sectional title richards attorneys richards attorneys. Aug 26, 2008 exclusive use rights may be allocated to a section by either being formally registered on the sectional plans of the scheme in terms of section 27 of the sectional titles act 95 of 1986 the act or more informally by passing a rule which gives the owner of a section the right to use such an area in terms of section 27a of the act. Scribd is the worlds largest social reading and publishing site. Sectional titles act regulations property management. Amendment of section 1 of act 95 of 1986, as amended by section 1 of act 63 of 1991, section 1 of act 7 of 1992, section 1 of act 15 of 1993, section 1 of act 44 of 1997, proclamation r9 of 31 january 1997, section 1 ofact 29 of 2003, section 1 of.
Sectional titles act and regulations 951986 data dynamics. Sectional titles schemes management act, 8 of 2011 and sectional. Amendment of section 1 of act 95 of 1986, as amended by section 1 of act 63 of. Sectional titles act, 95 of 1986 date of commencement.