About Sectional Title
Helderberg Manor is a Sectional Title Development. The officially registered name is Somerset Gardens (SS 390/2006). The trading name is Helderberg Manor.
The legal framework for such Estates is contained in two Acts. (1) The Sectional Titles Act (Act 95/1986). This deals in the main with development/establishment matters; and (2) the Sectional Titles Schemes Management Act (Act 8/2011). This Act in turn governs the manner in which Sectional Title Schemes are managed on a day-to-day basis.
Helderberg Manor is also designated as a Retirement Village in terms of the Housing Development Schemes for Retired Persons Act (Act 65/1988). One of the consequences flowing from this is that no person other than a retired person and his or her spouse may occupy or reside in a unit in the scheme. In this Act a retired person is defined as a person over 50. Allowance is however made for situations where one of the spouses is under 50 and this is permitted. Spouse is defined broadly.
Conduct Rules and Management Rules:
All Sectional Titles Schemes are legally required to have such Rules and are registered at the office of the Community Schemes Ombud Service. The Conduct Rules are exactly that – they set out what is socially and legally acceptable behaviour/conduct inside the village. It is really important that you familiarise yourself with the Conduct rules. The Management Rules on the other hand set out all the administrative requirements that the Trustees, Management and the Managing Agent are required to comply with.
Your attention is drawn to Management Rules 32-37 which contain really important information, and you are urged to study these Rules carefully.
The main responsibility of the Trustees is the management and maintenance of the “Common Property” and oversight of the Financial affairs of the Estate. “Common Property” means all the buildings and land and everything else inside Helderberg Manor except the inside of the houses and apartments. Additionally, the Trustees are empowered to make policy from time to time that facilitates the smooth running of the estate.
The Trustees are elected at the Annual General Meeting of the Estate which is normally held in March.