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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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16
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

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 appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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20
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

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 agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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14
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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16
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

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 authority was still entitled to charge for refuse removal.

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60
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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100
Article

How liable is an owner for damage caused by animals?

26 March 2024

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?

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671
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

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, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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690
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
16
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

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 appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
20
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

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 agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
14
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
16
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

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 authority was still entitled to charge for refuse removal.

READ MORE
60
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
100
Article

How liable is an owner for damage caused by animals?

26 March 2024

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?

READ MORE
671
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

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, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
690
Article
GO
GO
Filter: Sectional Title
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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496
Article
Sectional title levy increases you can expect

14 December 2016

My body corporate has warned that due to recent changes in the sectional title legislation we should be expecting higher... than normal levy increases. I live on a tight budget and this news has me very worried. Is it true that my levies will increase or is the body corporate just making this up?

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365
Article
What is so special about a Special General Meeting for a sectional title scheme?

12 September 2016

I have been appointed as a trustee for our new sectional title scheme. I understand the requirements for calling an... annual general meeting, but I am a bit worried about when we should hold special general meetings in the scheme. I just don’t what to make a mistake.

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307
Article
Landlords and tenants, take note of the Rental Housing Amendment Act

02 June 2016

I am the owner of a number of properties which I let to tenants. I understand that the Rental Housing... Act has been amended. What are the implications for me as landlord and my tenants?

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333
Article
Must I pay a special sectional title levy?

09 February 2016

I am considering buying property in a sectional title scheme. The estate agent mentioned that a normal levy will be... payable every month but the trustees of the body corporate of the scheme have the authority to determine a further special levy from time to time. I was aware of the normal monthly sectional title levy, but what is a special levy?

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198
Article
More levies under the Community Schemes Ombud Service Act

14 December 2015

I am a sectional title unit owner. I’ve heard a lot of talk about new sectional title legislation on its... way that will require me to pay more levies. Is this true?

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370
Article
No to my four legged friend?

09 November 2015

I’ve been living in a sectional title complex for about two months. I have a small Yorkshire Terrier that stays... with me and remains inside my sectional title unit during the day when I’m at work. She doesn’t bother anyone and is always quiet. When I decided to buy my unit in the complex I heard that dogs were allowed. Now the body corporate has informed me that I don’t have permission to keep a dog and warned me to remove my dog. I understand that rules are rules, but is there nothing I can do?

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242
Article
Can title conditions of a homeowners association restrict the sale of your property?

07 May 2015

You have bought property in a security estate managed by a Homeowners Association. The property was expensive but in your... mind an investment in your future. However, personal financial constraints have made you not only fall behind on your levies, but also consider selling the property. You may even be staring insolvency in the face. But can the property be sold without you settling the outstanding levies?

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215
Article
The responsibilities of a scheme’s managing agent

11 September 2014

Most Sectional Title schemes, particularly as the Sectional Title Act 95 of 1986 is moot on this point, are in... the dark as to what exactly the role of the managing agent of the scheme is. Here we aim to elucidate some of the responsibilities of the managing agent and clear up some of the confusion surrounding this role.

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258
Article
The legal nature of exclusive use areas in a sectional title scheme

06 April 2014

In order to understand the legal nature of an exclusive use area it is important to know how it was... historically developed, what exactly constitutes an exclusive use area and how it is established. In this article we will focus briefly on the historical development of exclusive use areas in South Africa, what an exclusive use area is, the two types of exclusive use areas that can be established and the legal nature of these two types of exclusive use areas.

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222
Article
Water leak? Whose responsibility is it?

06 March 2014

Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues... relating to sectional title units. This is often the result of the complex relationship of close quarter living and the shared form of ownership represented by sectional titles. Making things even more complicated is the silence of the Sectional Titles Act on many of the nitty gritty issues encountered daily in sectional title schemes. So how does one approach maintenance issues in a sectional title scheme?

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250
Article
The safety and security aspects of sectional title living

29 August 2013

With concerns for the safety of one’s person and property increasing, there has been a movement towards expanding communities in... the form of sectional title complexes, duet and cluster housing. People moving into sectional title units are willing to sacrifice space and privacy in exchange for improved safety, security and a sense of community that comes with sectional title living. Accordingly, when considering sectional title living it is important that you carefully weigh the safety elements that different sectional title complexes offer to determine which appropriately meet your relevant needs. Additionally, it is important to be aware of the process for adding or improving security features in a complex and understand that this may not automatically fall to the body corporate to implement.

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285
Article

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