BEYOND THE BRICK WALLS: A critical analysis of the South African Sectional Titles Act

By CHRISTIAN ROMEO NJIA

In recent years, there has been a sharp rise in the number of multi-unit property developments in South Africa, including apartments, townhouses, and other sectional title properties. The South African Sectional Titles Act was designed to regulate the ownership and management of these properties and ensure fair and equitable treatment for residents or property owners.

However, in practice, there is increasing evidence that the Act has failed to fully protect the interests of homeowners, particularly those who are financially vulnerable. One particular concern is the issue of unaffordable levies, which can leave poor homeowners facing the real prospect of homelessness.

This book seeks to explore the challenges faced by poor-income homeowners due gross to the misconduct of the managing agents in implementing the South African Sectional Titles Act, with a specific focus on the issue of unaffordable levies and their impact on poor homeowners. Through a critical evaluation of the Act and an exploration of the experiences of managing agents and homeowners, this book will propose solutions to address the shortcomings of the Act and better protect the interests of all stakeholders involved.

• Language: English
• Publisher: Lulu.com
• Release date: Apr 16, 2023
• ISBN: 9781312662117

Book preview

BEYOND THE BRICK WALLS:

[A Critical Analysis of the South African Sectional Titles Act]

Copyrights

© Ngantcha’s International Business Consulting.2023

ISBN: 978-1-3126-6211-7

Lulu Press, Inc.2023

627 Davis Drive, Suite 300, Morrisville, NC 27560

Author

By

Christian Romeo NJIA

(Legal Consultant – Mediator – Author – Adjunct Lecturer at Accord University – Independent Researcher – Independent Journalist)

Foreword

In recent years, there has been a sharp rise in the number of multi-unit property developments in South Africa, including apartments, townhouses, and other sectional title properties. The South African Sectional Titles Act was designed to regulate the ownership and management of these properties and ensure fair and equitable treatment for residents or property owners.

However, in practice, there is increasing evidence that the Act has failed to fully protect the interests of homeowners, particularly those who are financially vulnerable. One particular concern is the issue of unaffordable levies, which can leave poor homeowners facing the real prospect of homelessness.

This book seeks to explore the challenges faced by poor-income homeowners due gross to the misconduct of the managing agents in implementing the South African Sectional Titles Act, with a specific focus on the issue of unaffordable levies and their impact on poor homeowners. Through a critical evaluation of the Act and an exploration of the experiences of managing agents and homeowners, this book will propose solutions to address the shortcomings of the Act and better protect the interests of all stakeholders involved.

As the demand for multi-unit developments continues to grow, the issues highlighted in this book must be addressed in a timely and effective manner. Ultimately, this book aims to contribute to a more equitable and just housing system for all South Africans.

Acknowledgements

I would like to express my sincere gratitude to my wife Yasmin Bwanali NJIA, who has been a constant source of support and encouragement throughout the writing of this book. Her love and unwavering belief in my abilities have been invaluable in helping me overcome the many challenges faced during the research process.

My deepest appreciation goes to my children, who have been patient and understanding during my long hours of study and writing. Their unconditional love and support have provided me with the motivation to persevere despite the many obstacles encountered along the way.

I would also like to thank all my colleagues for their support and contribution to this research. Their insights and experiences have been invaluable in helping me gain a deeper understanding of the challenges faced by sectional titles and poor-income homeowners in the South African sectional title system.

I wish to extend a special thank you to all those who responded to my questionnaire, without whom this study would not have been possible. Your willingness to share your experiences and insights has been instrumental in providing a comprehensive understanding of the issues explored in this book.

Last but not least, I would like to express my deep appreciation to my mentor, who provided invaluable guidance and support throughout the research process. His expertise and encouragement have been invaluable in helping me refine my research question and methodology to produce a book of which I am truly proud.

Thank you all for your support, encouragement, and contribution to this work.

Dedications

This book is dedicated to all the poor-income homeowners who have lost a flat, or who are about to lose one, due to the illegal practices of unscrupulous managing agents and trustees.

Do not be worried, your plight is now going public, and certainly, the lawmakers you have elected will have a ground to stand up for your rights.

TABLE OF CONTENT

I. Beyond the Brick Walls             2

II. Copyrights                          4

III. Author                          6

IV. Foreword                          8

V. Acknowledgement               12

VI. Dedications              15

VII. Table of content               17

VIII. Abstract                      23

Chapter 1: Introduction               27

Chapter 2:  Literature Review        49

Chapter 3:  The Impact of Levies on Home Owners                            77

Chapter 4: The Role of Managing Agents in Managing Levies               89

Chapter 5:  The Legal Framework for Managing Sectional Titles in South Africa        109

Chapter 6:  Criticisms of the Current System       128

Chapter 7:  Case Studies: Homeowners' Perspectives                            154

Chapter 8:  The Amendments        172

Chapter 9:  Conclusion               198

Chapter 10: References               221

Chapter 11: Appendices              225

About the Author               239

Beyond the Brick Walls                    240

ABSTRACT

The South African Sectional Titles Act governs the ownership and management of sectional title properties, which are typically apartments or townhouses within a larger complex. Although this legislation provides a framework for managing and governing sectional title complexes, it can have negative impacts on low-income homeowners' affordability, financial sustainability, and risk of becoming homeless. This book explores the factors that contribute to the levies charged to poor-income homeowners, the impact of managing agents' management on the ability to meet their financial commitments, and the long-term social and economic impacts of losing their homes due to malpractice. Moreover, the book identifies legal and policy reforms and international best practices for managing levies and addressing housing affordability and inequality. Finally, the book proposes strategies that could be considered by stakeholders to ensure that homeowners are protected from fraud and illegal activities and that