Advertise on podcast: Fitzanne’s Property Exchange

In this episode of Fitzanne’s Property Exchange, host Pearl Scheltema speaks with Dilen Heerschop, Attorney at Heerschop Pienaar Incorporated Attorneys, to unpack the newly released CSOS Consolidated Practice Directive 1 of 2025—a landmark update reshaping the governance of community schemes in South Africa. This directive consolidates all previous CSOS guidelines into one comprehensive framework, introducing clearer compliance requirements, an expanded list of undesirable rules, and strengthened enforcement measures. What do these changes mean for trustees, managing agents, and property owners? And how can schemes adapt to ensure they’re not only compliant but thriving under the new regulatory landscape? Dilen, a specialist in community scheme law and governance, breaks down the legal framework, highlights the most impactful updates, and explains how these will play out in practice. He also shares practical strategies for staying ahead—avoiding costly disputes, protecting owners’ rights, and maintaining operational efficiency in a more regulated environment. This episode aims to equip listeners with the clarity and confidence they need to navigate this “new normal” in property governance—because at Fitzanne Estates, we believe everyone has the right to a safe and secure home. Tune in for a timely and insightful conversation on compliance, community living, and the future of property management. Listen here:

In this episode of Fitzanne’s Property Exchange, host Pearl Scheltema speaks with Dilen Heerschop, Director at DTB Attorneys, to discuss a recent court ruling that’s causing a stir in the property industry. The judgement confirms that a Body Corporate can proceed with the sale of a property over unpaid levies exceeding R50,000—a decision with far-reaching implications for both owners and managing agents. What rights do property owners have in these situations? And how can a Body Corporate balance their financial responsibilities with fairness and compassion? Dilen, a specialist in community scheme law and estate planning, shares valuable insights into the legal framework, what this ruling means in practice, and how owners can avoid getting caught in levy-related disputes. He also highlights practical steps for staying compliant, resolving conflicts early, and planning ahead to protect your property investment. This episode aims to empower listeners with the knowledge they need to make informed decisions—because at Fitzanne Estates, we believe everyone has the right to a safe and secure home. Tune in for a thoughtful and essential conversation on legal rights, financial responsibility, and community living. Listen here: https://iono.fm/e/1539542

After positive discussions between the Property Practitioners Regulatory Authority (PPRA) and the National Association of Managing Agents South Africa (NAMA) on behalf of its members, there is good news for the real estate sector. Property practitioners will, for now, no longer need to confirm their Level 8 BEE status to obtain a Fidelity Fund Certificate (FFC). Earlier in 2024, the PPRA had made Level 8 BEE compliance a non-negotiable requirement for all real estate agencies with a turnover of more than R2.5 million to secure FFCs for 2025. This mandate, based on Section 48 of the new Property Practitioners Act (effective February 2022), created concerns, particularly as it would have affected approximately 6,000 property practitioners who might fall short of the required BEE level. In response, NAMA advocated on behalf of its members, urging the PPRA to reconsider the stringent BEE requirements, highlighting the potentially devastating impact on the industry. Following these discussions, the PPRA has confirmed that, pending a final decision by its board, the Level 8 BEE requirement will be suspended. However, property practitioners must still provide a valid BEE certificate issued by an accredited provider. Should the PPRA’s board finalise this decision, those practitioners will be able to renew their FFCs and continue trading, provided they meet all other compliance requirements. This development brings temporary relief to the real estate industry, allowing time for further considerations and adjustments. In this episode of Fitzanne’s Property Exchange, Pearl Scheltema talks to Rudi Heerschop, Director at Schuler, Heerschop and Pienaar Attorneys, about this decision and their role in negotiations between NAMA and the PPRA.

As Sectional Title Schemes continue being a popular choice for home ownership in South Africa, the role of a scheme executive has never been more critical. In this episode of Fitzanne's Property Exchange, we look at the complex responsibilities and legal nuances that come with managing a community scheme effectively. Managing a community scheme extends beyond basic compliance with the STSMA or Companies Act. Scheme executives must navigate various other legislation and practical challenges that impact their ability to administer community schemes efficiently. From dealing with labour laws to managing personal information under POPIA, the scope of responsibilities can be vast and varied. This discussion highlights the common challenges faced by scheme executives, such as the interpretation of laws not directly addressed by the STSMA or Companies Act and the practical aspects of managing service providers and legal representatives within a community scheme. Joining Pearl Scheltema is Dilen Heerschop, Director at Du Toit Burger Attorneys Incorporated. With his extensive background in community scheme litigation and a master's degree in estate planning law, Dilen brings a wealth of knowledge and expertise to the table. His insights shed light on how scheme executives can enhance their management practices to ensure legal compliance and maintain a harmonious community environment.

In this episode of Fitzanne's Property Exchange, hosted by Pearl Scheltema, we explore the challenges of communal living during the holiday season. Our guests, Zerlinda van der Merwe, Co-Founder and Director at TVDM Consultants, and Willie Roos, CEO at Stratafin, provide expert insights into managing common disputes in community schemes. The discussion focuses on issues such as noise complaints, increased parking due to holiday visitors, and decoration guidelines. Our guests offer practical strategies for addressing these concerns, emphasising the importance of clear communication and adherence to community standards. The episode also covers methods for creating a respectful holiday atmosphere and strategies for engaging the community to prevent and resolve conflicts.

Installing solar energy in Sectional Title Schemes in South Africa can be challenging due to several factors. Despite these challenges, there is growing recognition of the benefits of solar energy in South Africa, including reducing dependence on fossil fuels, lowering electricity costs, and promoting environmental sustainability. Efforts are being made to address the challenges by providing guidelines, educating Scheme Executives, owners, and Managing Agents about the benefits of solar energy, and streamlining the approval processes. In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Zerlinda van der Merwe, Co-Founder and Director at TVDM Consultants and Willie Roos, CEO at Stratafin, on the do’s and don’ts of installing solar energy in Sectional Title Schemes.

As a result of the ongoing problems with load shedding, many sectional owners are looking into alternative and renewable energy options such as solar panels to reduce the impact of load shedding on their homes. A common question, therefore, being raised by sectional owners is whether they are permitted to install solar panels on their sectional property. Taking this one step further, one then needs to determine the responsibilities of the owner vs the Body Corporate when it comes to the insurance policy of the Sectional Title Scheme and how the installation of solar panels affects the insurance policy. In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Mike Addison, co-owner and founding director of Addsure, a registered financial services provider about crucial insurance considerations for a Body Corporate before installing solar panels.

Sectional title legislation requires schemes to have their annual financial statements audited and presented to the members for their consideration at a general meeting, and it must be done within four months of the scheme’s financial year-end. Additionally, the annual general meeting (AGM) is required to be held within four months of the financial year-end. So, although it is not required, it makes sense for the audited financial statements to be presented to the AGM for owners’ consideration. This is an important topic for Trustees of Sectional Title Schemes, as compliance with these requirements is crucial for the effective management and administration of Sectional Title Schemes. In this episode of Fitzanne's Property Exchange, Pearl Scheltema unpacks annual auditing in Sectional Title Schemes and HOAs with Chantelle Gibb, Head of Sectional Department, MG Taute Registered Auditors.

As a homeowner in a Sectional Title Scheme, you may wish to make changes to your property to improve its functionality or aesthetic appeal. However, the process involved in making alterations can be complex and requires careful consideration to avoid potential disputes with your neighbors or the Body Corporate. In this episode of Fitzanne's Property Exchange, Pearl Scheltema is speaking to Abrie Snyman, owner of Multiprof Property Intelligence, where they discuss the key factors to consider before making alterations to your property, the process involved in obtaining approval, and the rights and obligations of homeowners in sectional title schemes when it comes to making changes to their property. #property #propertdevelopment #propertytips #buildingregulations #sectionaltitle #fitzanneestates

Navigating complex building regulations, obtaining necessary approvals for renovations and upgrades, and balancing the needs of individual owners with the overall maintenance and preservation of common property are just some of the challenges Trustees face in the management of Sectional Title Schemes. In this episode of Fitzanne's Property Exchange, Pearl Scheltema is speaking to Abrie Snyman, owner of Multiprof Property Intelligence, who will be sharing valuable insights and information to help educate and answer some of the most pressing questions on this topic.

Fitzanne's Property Exchange, hosted Pearl Scheltema, keeps you captivated and intrigued as we provide you with the very latest news and insights to the South African residential property industry. Having conversations with property investors, industry experts, Sectional Title Scheme Executives and innovative stakeholders, we invite you to listen to their stories and make it your own.

If you’re getting a divorce in South Africa, there can be a lot of things at stake. Some people earn an income by owning multiple properties and worry about having to split those properties in a divorce. Fortunately, there are ways you can protect yourself as a real estate investor going through a divorce. Protecting your property portfolio during a divorce can be tricky. You could find yourself in hot water if the court determines that you’re intentionally selling or moving properties into other accounts to avoid splitting them with your former spouse, so it’s important to evaluate your legal options. In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Dilen Heerschop, Associate at Du Toit Burger Incorporated Attorneys, about estate planning, property law and divorce.

Historically, 44% of marriages in South Africa have resulted in divorce. Since lockdown, there has reportedly been a 20% increase in the number of new divorce applications. The family home is sometimes the most significant asset at stake for those unfortunate couples whose marriages ultimately fail, both financially and emotionally. Therefore, it is essential for any couple thinking about getting married—or for any married couple thinking about divorcing—to grasp what our law says about who gets what in a divorce. A variety of factors will be at play here, all linked to the question of what “marital regime” applies to your marriage so the first question you need to ask is whether you are married in or out of community of property – and if out, does accrual apply? In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Dilen Heerschop, Associate at Du Toit Burger Incorporated Attorneys, about property and divorce.

The increased quorum requirement of 80% vs. 33.3% and the inability to table such a resolution at an adjourned annual or special general meeting—which still requires the elevated quorum requirement—make it nearly impossible to obtain a unanimous resolution for the majority of Sectional Title Schemes. At an annual or special general meeting, there is no way to reach such a unanimous decision with fewer members in attendance in person or represented by a proxy. A request for consideration and approval of such a resolution may be made to the Community Schemes Ombud Service ("the CSOS") in accordance with section 6(9) of the Sectional Titles Schemes Management Act ("the STSMA"). The needed written permission of each owner inside the scheme is subject to the CSOS procedure. In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Zerlinda Van der Merwe, co-founder of TVDM Consultants about this challenge.

In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Zerlinda van der Merwe, Founder of TVDM Consultants about a recent meeting between the DA Shadow Minister and the Chief Ombud.