What does a Sectional Title attorney do?

A Sectional Title attorney practices in legal matters related to sectional title properties. Sectional title refers to a form of property ownership where multiple individual units or sections are owned by different individuals, while common property is jointly owned by all unit owners. Here's how a Sectional Title attorney can help you:

  Legal Advice: They can provide legal advice on sectional title ownership, rights, and responsibilities. They can help you understand the legal framework, regulations, and obligations associated with owning or living in a sectional title property.

  Sectional Title Scheme Establishment: They can assist in establishing a sectional title scheme. They can help draft and register the necessary legal documents, including the sectional title plan, rules, and management agreements. They can ensure compliance with relevant legislation and guide you through the process of establishing the scheme.

  Reviewing and Amending Sectional Title Documentation: They can review and advise on sectional title documentation, including the rules and management agreements. They can identify any legal issues or areas that require amendment to better suit the needs of the sectional title community.

  Dispute Resolution: They can assist in resolving disputes that may arise within a sectional title scheme. This may include disputes between unit owners, disputes with the body corporate or trustees, or disputes related to the interpretation and application of the sectional title rules. They can provide legal guidance, negotiate on your behalf, and represent your interests in dispute resolution processes.

  Body Corporate Matters: They can provide legal advice to the body corporate, which represents the collective interests of all unit owners. They can guide the body corporate on matters such as meetings, decision-making processes, levies and financial management, maintenance and repair responsibilities, and compliance with legal and regulatory requirements.

  Management and Governance: They can assist with matters related to the management and governance of a sectional title scheme. This may include providing guidance on the roles and responsibilities of trustees, compliance with legal requirements, financial management, and the enforcement of sectional title rules and regulations.

  Exclusive Use Areas: They can advise on matters related to exclusive use areas within a sectional title scheme. They can help establish, allocate, or modify exclusive use areas and ensure that the necessary legal documentation, such as exclusive use rights agreements, are properly drafted and registered.

  Compliance with Sectional Title Legislation: They can help ensure compliance with relevant legislation governing sectional title schemes, such as the Sectional Titles Schemes Management Act (STSMA) and the Community Schemes Ombud Service (CSOS) Act. They can provide guidance on legal requirements, assist with the registration of schemes, and ensure adherence to statutory obligations.

  Buying or Selling Sectional Title Units: They can assist in the legal process of buying or selling a sectional title unit. They can review and advise on the sale agreement, facilitate the transfer of ownership, and ensure compliance with legal and regulatory requirements.

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