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...
Can a Homeowners Association take over refuse removal from a local authority?
With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local...
Complex Living: Be Aware of the Hidden Costs
When considering the purchase of a unit within a complex, it’s crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The structure of...
Understanding Your Rights: Breach and Penalty Clauses in Property Agreements
When buying immovable property, the offer to purchase serves as an agreement between buyer and seller. Within this document, certain clauses demand meticulous attention from both parties. These clauses outline the rights, obligations, and procedures that govern the...
Buyer’s remorse? Can it save you from paying estate agent commissions?
For buyers, the prospect of a new home can be exciting and daunting. You saw a house that you are interested in buying, and you want to seal the deal before somebody else does. You sign the Offer to Purchase, then only crunch the numbers and realise you can’t afford...
Owners beware – you have limited time to claim for defects to your house
You have been living in your new house for a year or two when the issues start – cracks, and more cracks – all serious and structural. So, can you hold the previous owner liable for this, or have you waited too long? In short, the answer is ‘yes’, but there is a time...











