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Summary Private Law 451 2019 Lecture 1
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Lecture 1 of Sectional titles: class notes, LAWSA and all legislation.
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LECTURE 1 General
Statutes
Sectional Titles Act 95 of 1986
Sectional Titles Regulations
Sectional Titles Schemes Management Act 8 of 2011
Sectional Titles Schemes Regulations 2016
Community Schemes Ombud Service Act 9 of 2011
Regulations on Community Schemes Ombud Regulations 2016
Regulations on Ombud Service: Levies and Fees 2016
Prescribed Material
1. Acts and Regulations
2. Van der Merwe Sectional Titles (Reissue 22, 2017)
3. Van der Merwe 2017 TSAR 280 Sunlearn WebCT
4. LAWSA Sectional Titles Sunlearn WebCT
5. Case law (as referred to in lectures) will only ask what is done in
the lectures
6. Articles in legal periodicals (as referred to in lectures)
SECTIONALTITLES: HISTORICAL & COMPARATIVE SURVEY
BASIC STRUCTURE OF CONDOMINIUM (Sectional Titles)
Three-fold legal relationship (unity)
(1) Owner of section eg. A flat
(2) Co-owner in undivided shares of the common property eg. The pool or
parking
(3) Member of management association (body corporate)
I. ANCIENT INSTITUTIONS OF CONDOMINIUM
500 BC Elephantine in Egypt
Superficies solo cedit
Ficies = to build
Solo = on the soil
Cedit = cedes to the land
the owner of the land owns what is on the land
sectional titles were not possibles
BUT Acute housing shortage
Middle ages (12th century) ‘Stockwerkseigentum’
Civil Codes Netherlands (1838), Germany (1899) Switzerland (1908)
France (1838) art 664
II. MODERN STATUTES ON CONDOMINIUM
European states – World Wars – Belgium (1924), Greece (1929), Italy (1935),
France (1938), Spain (1939), Austria (1948), Netherlands (1951), Germany
(1951), Switzerland (1963), Turkey (1965), Denmark (1965) Norway
(1983), Croatia (1996), Estonia (2000), Slovenia (2002), Catalonia Act
(2007)+ second generation and third generation statutes.
, 2
British Commonwealth – Australia: New South Wales Conveyancing (Strata
Titles) Act (1961), [Strata Schemes Development Act 51 of 2015 and the
Strata Schemes Management Act 2015 plus Strata Schemes Management
Regulation 501 of 2016)] Canada (1966), Singapore (1967),[Land Titles
(Strata) Act 1988,1999; Building Maintenance and Strata Management Act
2004] South Africa (1971, 1986, 2011), Hong Kong (1972,1997) (Building
Management Ordinance), New Zealand (1972), Malaysia (1985), England
(Commonhold & Leasehold Reform Act (2002), Scotland (Tenement
(Scotland) Act 2004, Ireland Multi-Unit Developments Act 2011.
United States – Puerto Rico (1958); Federal Housing Act (1961)(model); first
generation statutes (1969 all 50 states); shortcomings (terminology,
diversity, skeletal); Uniform Condominium Act (1977); Minor amendments
(1980: Conformity with Uniform Planned Unit Dev. Act)) Uniform Common
Interest Ownership Act (1982, 1994, 2008, 2014)
Latin America – Brazil (1928), Chile (1937), Argentina (1948), Cuba (1952),
Mexico (1954), Venezuela (1958), Bahamas (1965), Nicaragua (1971), El
Salvador (1972), Haiti (1975)
Socialist Europe:Hungary(1924), Poland(1934),(1994), Yugoslavia (1959),
Soviet Union (1961), Czechoslovakia (1966), Slovenia(1991), Croatia(1996)
Africa: Zambia (1994), Botswana (2003), Tanzania (2008), Namibia (2009)
Other countries - Israel (1952, 1961, 1969), Lebanon (1962), Japan (1962),
Zaire (1977), Thailand (1979), Korea (1984), United Arab Emirates (Strata
Title Act 2007), Dubai (2007), China (New Property Code 2007)
III. BASIC STRUCTURE OF CONDOMINIUM
Three-fold legal relationship (unity)
(1) Owner of unit
(2) Joint owner (co-owner undivided shares) common property
(3 ) Member of management corporation
IV. REASONS FOR INTRODUCING CONDOMINIUM
1. alleviate housing shortage eg. Originally in elephantine
2. better utilization of land resources can give ownership to more
people AND more people can live closer to the city
3. fulfil psychological need for a home
4. hedge against inflation
5. closer social life, additional amenities, security eg. Lock up and
go… or a tennis court otherwise unable to afford
6. replanning, redevelopment of city centres
7. public housing, housing for employees
8. alternatives unsatisfactory: rental buildings, share blocks,
schemes governed by home-owners associations
V. USES OF CONDOMINIUM (Different kinds)
1. residential condominiums (sectional titles schemes)
2. Commercial condominiums
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