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The body corporate and the Community Scheme Ombud Service (CSOS)
Sectional Title Governance

The body corporate and the Community Scheme Ombud Service (CSOS)

It is commonly accepted that the trustees appointed in a sectional title scheme have a fiduciary duty to manage the scheme in good faith and with its best interest in mind. This is supported by the fact that all owners in a sectional title scheme have similar obligations toward other residents in the scheme and the common property. This is also underpinned by the Sectional Titles Schemes Management Act 8 of 2011.

September 28, 2022
CC Acknowledges Customary Law: The Family Home
Sectional Title Governance

CC Acknowledges Customary Law: The Family Home

This is an application that ended up in the Constitutional Court, by a partner (applicant) who lived with her late partner in, what was to them, their family home. Upon the death of her late partner, she (the applicant) was appointed the executrix of her deceased partner’s estate who died intestate. The applicant and deceased were not married but had lived together for years in the family home the applicant had inherited from her late grandfather as a “family home” intended to be for the benefit of the family.

September 28, 2022
SPLUMA in Mpumalanga: the saga continues
Sectional Title Governance

SPLUMA in Mpumalanga: the saga continues

In this article, we take a closer look at an ongoing matter relating to SPLUMA in Mpumalanga. SPLUMA stands for the Spatial Planning and Land Use Management Act, and all municipalities in the province have issued by-laws relating to SPLUMA certificates and the transfer of property.

August 24, 2022
What if a previous owner owes money to the local authority?
Property Finance

What if a previous owner owes money to the local authority?

Can a local authority refuse to open a new owner’s account when the previous owner still owes the local authority an outstanding amount? This question was dealt with by the High Court of South Africa, Gauteng Division, in July 2022, when a newly registered owner took the previous owner – as well as the Ekurhuleni Metropolitan Municipality as second Respondent – to court.

August 24, 2022
The advantages of a life right
Legislative Guidelines

The advantages of a life right

The Housing Development Schemes for Retired Persons Act 65 of 1988 introduced life rights as a formal form of ownership for retired people in South Africa. This legislation was implemented not only in response to the growth in the retirement village sector but also to provide legal protection to the elderly.

August 24, 2022
A closer look at two cases where HOA restrictions were dealt with
Sectional Title Governance

A closer look at two cases where HOA restrictions were dealt with

In 2014, a developer in Midstream estate in Midrand instituted legal action against two sets of owners/respondents in almost identical cases. Both cases dealt with clauses that imposed an obligation to build a dwelling within a prescribed time frame.

July 25, 2022
Selling a property without approved building plans
Legislative Guidelines

Selling a property without approved building plans

It’s often the case that a seller would like to sell – and a purchaser would like to buy – a property without approved building plans or an occupation certificate. But what does the law say? In terms of the…

July 25, 2022
Muslim marriages: A welcome Constitutional Court decision
Legislative Guidelines

Muslim marriages: A welcome Constitutional Court decision

In a long-awaited and groundbreaking decision in the area of family law, the Constitutional Court of South Africa (CC) confirmed the order of constitutional invalidity of the below mentioned Acts, granted by the Supreme Court of Appeal. This decision was confirmed on 28 June 2022.

July 25, 2022
Divorce Act and Marital Regime: No Accrual
Legislative Guidelines

Divorce Act and Marital Regime: No Accrual

In this article, we explore the issue of the constitutional validity of section 7(3)(1) of the Divorce Act in respect of marriages entered into after 1 November 1984 and excluding the accrual system.

June 28, 2022
The property professional’s checklist for dealmaking
Contractual Matters

The property professional’s checklist for dealmaking

The property professional plays a critical role in the process of buying and selling real estate. When ‘making the deal’, they must engage with the seller to collect information and documentation that will be needed throughout the process. At the time of taking the mandate, it is crucial that they clarify certain facts and obtain specific information and documentation in order to pre-empt any issues that may arise, thus saving time.

June 28, 2022
Electronic signatures and the virtual commissioning of affidavits
Contractual Matters

Electronic signatures and the virtual commissioning of affidavits

In our June newsletter, we looked at an interesting court decision handed down in 2020 by the Eastern Cape Division of the High Court of South Africa, related to the application of electronic signatures to offers to purchase land.

June 28, 2022
Can you run a business from a sectional title scheme?
Sectional Title Governance

Can you run a business from a sectional title scheme?

Since the onset of the Covid-19 pandemic in 2020, many people have started working from home – or even running businesses from home. This trend has led many trustees and bodies corporate to ask whether an owner or tenant in a sectional title scheme can run a business from their unit.

May 27, 2022
The Money Laundering and Terrorist Financing Report 2022
Legislative Guidelines

The Money Laundering and Terrorist Financing Report 2022

In March 2022, the Financial Intelligence Center (FIC) published a report dealing with the assessment of the inherent money laundering and terrorist financing (MLTF) risks for legal practitioners.

May 27, 2022
Electronic signatures and OTPs
Contractual Matters

Electronic signatures and OTPs

As we live in an online world, and because of the recent pandemic, electronic signatures are becoming more commonplace – and an increasing number of buyers and sellers are asking to sign their OTPs electronically.

May 27, 2022
CSOS and the courts: where do I take my dispute?
Legislative Guidelines

CSOS and the courts: where do I take my dispute?

Here’s a look at a recent case which dealt with a dispute between the body corporate and residents in a sectional title scheme.

April 28, 2022