On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service Act (9 of 2011) (“the Ombud Service Act”) were proclaimed.
The two Acts work in conjunction to improve the regulation of Sectional Title Schemes, Share Block Schemes and Home Owners Associations among others.
The Sectional Title Management Act (Department of Human Settlements)
Historically our Sectional Titles Act was based on the Australian equivalent published in 1961, referred to as Stata Titles. Our first Sectional title laws came into force in 1971 and has undergone a number of amendments and transformations in order to develop and adapt the act to adjust to the needs of communal living.
The Schemes Management Act deals with the management of sectional titles and has stripped these provisions from The Sectional Titles Act. The Schemes Management Act has repealed and replaced Section 37 to Section 48 of the Sectional Titles Act. Under the new regime the Sectional Titles Act prescribes how a sectional title scheme is established and the Schemes Management Act governs how a body corporate must manage the scheme.
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