THE CALL FOR REFORM: NAMIBIA'S SECTIONAL TITLES ACT UNDER SCRUTINY

 In the face of a burgeoning housing market, Namibia's Sectional Titles Act of 2009 (Act No. 2 of 2009), which mandates the establishment of Body Corporates for sectional title schemes, is coming under increased scrutiny. Homeowners across the country are voicing concerns over escalating levies, opaque financial management, and restrictive regulations that limit their autonomy.


Understanding the Sectional Titles Act and Body Corporates

The Sectional Titles Act was enacted to facilitate the division of buildings into sections and common property, allowing individual ownership of units within a complex. Upon purchasing a unit, homeowners automatically become members of a Body Corporate—a legal entity responsible for the control, administration, and management of the scheme's common property. This structure ensures shared responsibility for maintenance and repairs, with costs covered through levies imposed on unit owners.


Homeowners' Growing Discontent

Despite the Act's intentions, many homeowners are expressing dissatisfaction with how Body Corporates operate. A significant concern is the continuous increase in levies, often without clear justification or transparency. Some residents allege that funds collected are not being utilized effectively for property maintenance, leading to deteriorating living conditions.

Sarty Gaoses, a resident of a Dorado Park apartment complex since 2009, shared her frustrations: "Ever since I bought the flat, the intercoms, among other things, have not been working, although we pay for them." She also highlighted the accumulation of garbage around the complex, posing health risks, especially for children.


Legal and Bureaucratic Challenges

The current system also presents legal complexities. Disputes within Body Corporates can lead to prolonged legal battles, with decision-making processes often hampered by bureaucratic procedures. The Act assigns maintenance responsibilities to both the Body Corporate and individual owners, but it remains silent on liability for consequential damages. For instance, if a common property failure causes damage to a unit, the affected owner must claim repair costs from the Body Corporate, a process that can be cumbersome.


Calls for Reform

The growing discontent has sparked calls for legislative reform. Homeowners are advocating for amendments that provide clearer guidelines on financial transparency, maintenance responsibilities, and dispute resolution mechanisms. Some suggest that dissolving mandatory Body Corporates could grant owners more autonomy over their properties, allowing for individualized management approaches.


Industry Response

In light of these concerns, the Namibia Estate Agents Board (NEAB) has acknowledged the need for updated regulations. The NEAB is considering new measures to address the challenges posed by the current Body Corporate system, aiming to protect homeowners' interests and ensure fair management practices.


Conclusion

As Namibia's urban landscape continues to evolve, the effectiveness of the Sectional Titles Act and the role of Body Corporates remain critical topics. Balancing collective property management with individual ownership rights is essential to foster a fair and transparent housing sector. The ongoing debates and potential reforms will undoubtedly shape the future of communal living in Namibia.

For further information on the Sectional Titles Act and homeowners' rights, readers are encouraged to consult legal experts or visit the Legal Assistance Centre's website.


Note: This article reflects the views and experiences of individual homeowners and does not represent legal advice.


©2025 Gideon Kapuka _All rights reserved 

Location: Windhoek, Namibia

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