The Minister for Agriculture and Land Affairs intends to introduce the Sectional Titles AmendmentBill, 2003 in the National Assembly in 2003. The Bill as it is to be introduced together with aMemorandum on the Objects of the Bill, are'hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
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Amendment of section 1 of Act 95 of 1986, as amended by section I of Act 63 of 1991, section I ofAct 7of lLyseciior! 3 of Act 15 of 1993 and sectloz! I of Act $4 of 1997 1. Section 1 of the Sectional Titles Act, 1986 (Act No.
"(3A) Ifa body corporate is unable to obtain a unanimous resolution, it may, subiect to the provisions of subsection (3)(c), approach the court for relief.".
Amendment of section 4 ofAct 95 of1986, as amended by section 2 ofAct 63 of 1991, section 2 ofAct 15 of1993 and section 2 of Act $4of1997 2. Section 4 of the principal Act is hereby amended by the deletion of subsection (5A).
Amendment of section 7 ofAct 95 of 1986, as amended by section 4 of Act 63 of 199i and section3 ofAct 44 of1597 3. Section 7 of the principal Act is hereby amended by the deletion of paragraphs (a)(i)(bb>,(a)(ii), (a)(iii), (a>(iv), (c>and (dl of subsection (2).
Amendment of section 17 of Act 95 of 1986, as amended by section 11 of Act 63 of 1991 and section 11 of Act 44 of 1997 4.
Amendment of section 24 of Act 95 of 1986, as amended by section 14 ofAct 63 of 1991, section 5 ofAct 7of 1992 and section 17 of Act 44 of 1997 5.
"(3) If an ownera proposesto extend the ofsection [limits] boundaries or floor area of his or her section, he or she shall with the approval of the body corporate, authorized by a special resolution of its members, cause the land surveyor or architect concerned to submit a draft sectional plan of the extension to the Surveyor-General for approval."
by the deletion of paragraph (b)of subsection (6).
Amendment of section 25 of Act 95 of 1986, as amended by sectjon 15 ofAct 63 of 1991, section6 of Act 7 of 1992 and section 18 of Act 44 of7997 6.
25217-2 thereupon the provisions of section [9(3)1 lO(5) shall apply [mutatis mutandis] with the necessary alterations.
Amendment ofsection 26 of Act 95 of 19W9as amended by section 16 of Act 63 of 1997 and section 19 of Act 44 of 1997 7.
"(5) The registrar shall, upon the submission of the prescribed documents, register a plan of extension of the common property in terms of this section by making an endorsement on the relevant title deed to reflect that the land concerned has been incorporated in the sectional plan, shall make such further endorsements and entries in his or her recordsasmay be necessary to give effect thereto, and shall furnish a copy of the sectional plan of extension to the local authority concerned and notify the Surveyor-General of the registration of such plan of extension, and thereupon the Surveyor-General shall amend the original sectional plan and deeds office copy of the sectional plan to reflect such extension.".
Amendment of section 27 of Act 95 of 1986, as amended by section 17 of Act 63 of 7997 and section 20 of Act 44 of 1997 8.
25217-3 03-012727-3 opening Of a sectional title register and the registration of the sectional plan, impose a condition in terms of section 11(2) in the schedule referred to in section I1 (3)(b),by which the right to the exclusive use of such part or parts of the common property delineated for this purpose on the sectional plan, is conferred upon the owner or owners of one or more of the sections [,and theregistrarshall mot accept forregistrationasectional plan on which a part or parts ofthe common property isSO delineated, unless developer any such the imposes condition conferring any such right for a specific purpose on the owner or owners of a section or sections].
"(b) A developer shall cede the right to the exclusive use of part or parts of the common property to the owner or owners to whom suchrights are allocated1 of units in the scheme, by the registration of a unilateral notarial deed in their favour provided that when the developer has transferred the last section. in a scheme, he shall cede to the body corporate the right to anyexclusive use area stillregistered in his name free of charge and without any compensationl."
yc) If a developer ceases to be a member of the bodv corporate as contemplated in section 36(2), anv right to an exclusive use area still registered in his or her name, shall vest in the bodv corporate free from anv mortqaqe bond.
If a riqht to theexclusive use of a part or parts of thecommon property vests in a bodv corporate in terms of paraaraph (c), the bodv corporate must, in the 'prescribed form, applyto the reqistrar for the issuing of a certificate of real right of exclusive use in its favour, and must submit a certificate to the effect that theprovisions of anv law in connection with the vestinq, have beencomplied with, whereupon the registrarmust issue such certificatein the prescribed form.
(4) (a) An owner of a section in whosefavourthe right to the exclusive use of a part of the commonproperty delineated on thesectional plan is registered, may transfer his or her interest in such right to the owner of another section in the scheme by the registration by the registrar of a notarial deed of cession entered into by the parties.
0 If an owner ceases to be a member of the body corporate as contemplated in section 36(2), anv right to an exclusive use area still reqistered in his or her name shall vest in the body corporate free from anv mortqaqe bond.
@ If a riqht to the exclusive use of a part or parts of the common property vests in a bodv corporate in terms of paragraph (b), the body corporate must, in the prescribed form, apply to the reqistrar for the issuinq of a certificate of real right of exclusive use in its favour, and must submit a certificate to the effect that the provisions of any law in connection with the vesting have been complied with, whereupon the registrar must issue such certificate in the prescribed form.
"17 Anv person who holds two or more rights to exclusive use areas, or undivided shares therein, bv one title deed may, subject to the provisions prescribed, obtain a separate title deed in respect of one or more of the rights to exclusive use areas held therein: Provided that at least one of the exclusive use areas or share therein held bv such deed, remains held thereby.".
Amendment of section 37of Act 95 Of 1986 9.
"(2) Any contributions levied under any provision of subsection (I), shall be due and payable on the passing of a resolution- to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in any court (including any magistrate's court) of competent jurisdiction from the persons who were owners of units at the time [when such contributions became due] g& resolution was passed.".
STAATSKOERANT, 25 JULIE 2003 No.25217 69 10. This Act shall be called the Sectional Titles Amendment Act, 2003.
MEMORANDUM QN THE OBJECTS OF THE SECTIONAL TITLES AMENDMENT BILL, 2003 1.1 TheSectionalTitlesAmendmentBill, 2003 (hereinafter referred to as heBill"), proposesamendmentstotheSectional Titles Act, 1986 (Act No. 95 of 1986) (hereinafter referred to as "the Acf'), which aim to amend certain definitions, to repeal redundant provisions, to provide for the substitution of certain headings, to provide for certainactsofregistration, and to provide for matters connected therewith?
1.2 Most of the proposed amendments are aimed at streamlining the application of the Act, expediting the process of developing sectional title schemes and at cost effectiveness for public benefit.
2.1 Clause 1 provides for the amendment of certain definitions for clarity purposes and to provide for recourse tothe justice systemin appropriate cases.
2.2 Clause 2 provides for the repeal of a redundant section.
2.4 Clause 4 provides for the substitution of a heading that is incongruous with the provisions of the relevant section.
2.5 Clause 5 provides for the eliminationof interpretation problems, the alignment of the relevant provision with theAfrikaanstext of the Act, and the repealing of redundant provisions.
2.6 Clause 6 provides for the substitution of a heading that is incongruous with the provisions of the relevantsection, the alignment of the relevant section with another related section, the omission ofreference to a repealed section, the promotion of gender equality, the substitution of a Latin phrase with its English counterpart, and other consequential amendments.
2.8 Clause 8 provides for the disposal of an exclusive use area which remains registered in the name of a person who has ceasedto be a member of the body corporate, the promotion of gender equality, other technical amendments as well as consequential amendments.
2.9 Clause 9 provides for technical amendments thatare aimed at securing clarity.
2.1 0 Clause 10 provides for the short title.
The State Law Advisors and the Department of Land Affairs are of the view that the Bill must be dealt with in accordance with the procedures established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.