Consistency is key for Homeowners Associations
With communal living being the preference for many, issues arising from these regulated environments are to be expected. This demands that the regulatory bodies entrusted with running the communal living environments demonstrate consistency in the application of their...
‘Remote’ commissioning?
In a world where physical separation is becoming increasingly irrelevant thanks to technological advancements, one may wonder to what extent the law has followed suit. With legal documents needing to be commissioned, the question arises whether this can be done...
South Africans are flocking to this tiny island for retirement
Mauritius has experienced an almost three-fold increase in the number of retirees flocking to its shores, with South Africa being one of the top three feeder countries. For many years, Mauritius has been a top destination for South African holidaymakers-partly due to...
Outstanding charges, body corporates and sales in execution
Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms...
How liable is an owner for damage caused by animals?
One has often read about owners being held liable for a dog attack on a person, but what about an animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage? To hold an owner liable for the actions of his domesticated...
Body corporates and access to information. What are the rules of engagement?
Unit owners in a sectional title may from time to time feel that the body corporate is not managing the scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or...
When must I pay my increased sectional title levy?
Body corporates charge levies and unit owners are obliged to pay such levies. But what if a body corporate increases levies? When does the unit owner become responsible for paying such increased levies? The body corporate of a sectional title scheme is provided with...
Can Landlords unilaterally charge for additional services?
The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease...
Leave to Appeal vs Special Leave to Appeal
On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to...
To click or to ink? Are electronically signed sale of property agreements valid in SA?
In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and efficiency. From large corporations to small businesses, organizations are embracing electronic signatures to...











