Sectional-title-management-property-rentals-in-port-elizabeth

SECTIONAL TITLE MANAGEMENT

Sectional Title refers to the system that allows for separate ownership of a given property by individuals.  This means that the property must be divided into ‘sections’ (such as one apartment in a block or one townhouse in a scheme) and sold separately.  The common property (such as a boundary wall or pool area) is managed by a body corporate and Proficient Property Management (Pty) Ltd will act as the Managing Agent of this structure.  In this capacity, we provide a number of valuable functions to the residents and bodies corporate alike.  These include:

Administrative functions:

  • Managing the owners’ register.
  • Safekeeping of the governance documents such as the conduct rules.
  • Issuing clearance and insurance certificates as and when required.
  • Performing general secretarial duties.
  • Recording, preparing and circulating the minutes of the trustee meetings and the AGM’s.
  • The preparing and circulation of all correspondence to owners and residents.

Legal functions:

  • Safekeeping of the minute books in perpetuity.
  • Provision of a legal address domicilium citandi et executandi for the body corporate.
  • Provision of a public officer.
  • Calculating the South African Revenue Services’ (SARS) taxation amount and submitting returns timeously.
  • Archiving and safekeeping of all body corporate records, as required by current legislation.

Financial functions:

  • Raising and assisting in the collection of all normal and special levies that are payable by the owners.
    Liaising with the trustees, assisting with the collection of levies that are in arrears and, if instructed to do so, handing these matters over to the body corporate collection attorneys.
  • Providing owners with quarterly levy statements.
  • Paying all legitimate accounts on behalf of the body corporate.
  • Arranging the annual audit with auditors.
  • Preparing the annual budget and levy schedule for approval by the members at the AGM.
  • Maintaining the financial records and book of accounts to International Financial Standards (IPS).
  • Preparing monthly financial reports within 10 working days for presentation to the chairperson.
  • Investing and managing surplus funds as required.
  • We are registered with the Council of Debt Collectors and have a registered debt collector specifically to follow up on arrears and administer the debt collecting process.
  • Collections and payment of Community Schemes Ombud Services (CSOS) levies.

Management functions:

  • Consulting and providing advice on sectional title matters, if required.
  • Monitoring and advising regarding whether or not trustees’ actions or intentions are within existing legislation.
  • Attending (by invitation) three trustee meetings per annum.
  • Arranging and attending Annual General Meetings (AGM’s) and special General Meetings.
  • Arranging insurance coverage for the Body Corporate with brokers as directed by the members at the AGM.
  • Submission and management of all insurance claims to finality.
  • Arranging building valuations with a quantity surveyor every three years.
  • Assisting and obtaining quotations for maintenance, if required. These quotes will be obtained from our preferred suppliers.
  • Attending to all enquiries and queries from trustees and owners.

As a sectional title owner, you are also expected to fulfil some duties and obligations. These are for the mutual benefit of you and those around you.  They include:

Duties of owners

1. An owner must - 

  1. permit any person authorised in writing by the body corporate, during reasonable hours and on notice (except in case of emergency, when no notice is required), to enter his or her section or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purpose of ensuring that this Act and the rules are being observed;
  2. forthwith carry out all work that may be ordered by any competent authority in respect of his or her section, other than such work as may be required for the benefit of the building generally, and pay all charges, expenses and assessments that may be payable in respect of his or her section;
  3. repair and maintain his or her section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition;
  4. use and enjoy the common property in such a manner as not to interfere unreasonably with the use and enjoyment thereof by other owners or other persons lawfully on the premises;
  5. not use his or her section or exclusive use area, or permit it to be used, in a manner or for a purpose which may cause a nuisance to any occupier of a section;
  6. notify the body corporate forthwith of any change of ownership or occupancy in his or her section and of any mortgage; and
  7. when the purpose for which a section or exclusive use area is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section or exclusive use area to be used for any other purpose: Provided that with the written consent of all owners such section or exclusive use area may be used for that purpose as consented to.

2. Any owner who is of the opinion that any refusal of consent of another owner in terms of the proviso to subsection (1)(g) is unfairly prejudicial, unjust or inequitable to him or her, may, within six weeks after the date of such a refusal, make an application in terms of this subsection to an ombud.

Sectional-title-management-property-rentals-in-port-elizabeth

Proficient Property Management is an Affiliated member of the following esteemed organisations: 

National-association-of-managing-agents

National Association of Managing Agents

Ieasa

The Institute of Realtors of South Africa

Estate-agency-affairs-board

The Estate Agency Affairs Board

South-african-property-owners-association

South African Property Owners Association

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