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Unlike traditional property ownership, where one owns the land and the building outright, sectional title schemes in South Africa allow for individual ownership of a "section" of the property, with shared ownership of common areas.
The Sectional Titles Schemes Management Act 8 of 2011 highlights the responsibility of the body corporate in the maintenance of the common property. It also indicates that each unit owner is responsible for maintaining their section.
The rules of the scheme will help to determine if fining rules can be imposed by the body corporate of a sectional title scheme. The penalty rule will must be in the management rules or conduct rules in order for it to be enforceable.
It is recommended that blocks of flats or group housing schemes be converted to sectional title as soon as possible if they haven’t already done so.
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