7 October 2020
NEW SECTIONAL TITLES SCHEMES MANAGEMENT ACT –
A MIXED BLESSING FOR SA COMMUNITY SCHEMES
“It’s four years since the revised and amended laws were enacted and many property owners are still coming to terms with the requirements of the legislation especially with regards to the setting of budgets,” according to Michael Schaefer CEO of specialist property finance company ZDFin. “When the Sectional Titles Schemes Management Act (STSMA) was signed into law on 7 October 2016, it shook up the lives of many body corporate members.”
“The intention of the Act is good and in essence, very positive for trustees,” emphasises Schaefer, “however implementation of the legislation has proven to be less successful. Many schemes have been slow to embrace both the requirements and intent of the legislation insofar as scheme maintenance is concerned and directed, the biggest failure being in that it assumes that the maintenance will be done.”
“Our experience has shown that in practice, this is not necessarily the case. In my opinion, 3-5 year plans would be more realistic… and more achievable. Definitive plans and the reserve levies required to implement them, are often not practically affordable.”
The legislation makes it mandatory for every scheme to have a 10-year Maintenance Plan, detailing projected works and providing the computation for levies, that must be approved by the owners at the annual general meeting (AGM). Delayed AGM’s due to Covid-19 and rising levels of debt, exacerbated by a weak economy, are also compromising the ability of schemes to run effectively. Their financial wellbeing is under threat and often funds ring-fenced as reserves – as per legislative directive – are utilised out of necessity, to fund administrative shortfalls.
“Sectional title schemes have to reassess levy contributions and critically, build up separate funds for reserve spend – on top of day-to-day expenses. This has created a challenge for many trustees, whose fiduciary duty it is to fulfil this obligation. In all fairness, being a trustee is often a thankless task, carried out by well-meaning volunteers, who often, understandably, have neither the skill nor the experience in putting together 10-year maintenance plans and how to finance them.”
On this, the fourth anniversary of the promulgation of the STSMA, Schaefer reviews aspects of the Act and offers advice, with specific reference to Sectional Title Bodies Corporate, on how community schemes (residential juristic entities, sectional title bodies corporate, homeowners associations and share block companies), can measure their current status and plan the way forward:
- LEVIES AND BUDGETS – are schemes running the two required levy funds and are schemes ensuring that the day to day expenses are not being funded by what is meant to be built up reserves, to be implemented for the 10-year Plan?
- MAINTENANCE PLAN – does your scheme have a Maintenance Plan and are you managing the scheme in accordance with the Plan?
- ROLE & RESPONSIBILITY OF TRUSTEES – now more accountable as a result of the legislation Trustees, many who don’t fully appreciate that they are personally liable, need to take more of a lead in devising the long-term maintenance plan, prioritising the work and allocating the budgets
- FIDELITY INSURANCE – all schemes, not only sectional title, need to insure against potential loss for example through fraud and /or misappropriation by related parties
- INSURANCE REQUIREMENTS – when did your scheme last have a professional valuation and update its insurance? At least one should have been done within the last cycle
“We recognised the numerous challenges facing community schemes,” Schaefer says, “which is why we started ZDFin. In order for you to meet your legal obligations, we’ll provide smart financial solutions, as well as identifying the maintenance issues with a proposed implementation schedule, where needed.”
“It is my view that only the market will correct the above, when prospective owners actively and critically assess reserve budgets and associated funds available, direct maintenance and management plan and, critically, both managing agents and scheme executives accept that maintenance should be managed professionally and are prepared to meaningfully engage with specialists in the field. “
FOR MEDIA ENQUIRIES:
Joanne Hayes, Tumbleweed Communications
Tel: +27 (0)83 6277249 e-mail: email@example.com
ABOUT ZDFIN – https://zdfin.co.za/
ZDFin is a specialist finance company providing smart solutions for Sectional Title Bodies Corporate, Home Owners’ Associations and Share Block companies. We service all residential Community Schemes affected by the Community Ombud Service Act, including non-profit companies and voluntary associations governed by a constitution. ZDFin has a wealth of practical experience in property and financial management. We understand these challenges and our range of targeted financial products can be tailored to meet the specific needs of each individual scheme.