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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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45
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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73
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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646
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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661
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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705
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
43
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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74
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
72
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
45
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
73
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
646
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
661
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
705
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
43
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
74
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
72
Article
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Filter: Sectional Title
Are you allowed to install solar panels in your sectional title unit?

29 March 2023

As a result of the continuing woes of load shedding , many sectional owners are considering alternative and renewable energy... solutions like solar panels to minimize the effect that load shedding has on their households. A common question, therefore, being raised by sectional owners is whether they are allowed to install solar panels at their sectional unit.

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162
Article
How enforceable are penalties levied for failing to build your house in an estate?

28 February 2023

Every now and then we get a call from a perturbed client who has just received a sizable penalty on... his monthly levy account from his body corporate or homeowner’s association for failing to have started/completed (this can vary) the building of a house on their estate erf. The demand is to know whether this penalty is enforceable and fair.

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503
Article
Your responsibilities as a new home owner

15 September 2022

So many new property owners believe that once the property is in their name all that is left is to... enjoy their new home. Unfortunately, there are still a few other important responsibilities that should not be forgotten.

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1010
Article
Can I install a generator at my sectional unit?

14 June 2022

With the troubles of load shedding exacerbating the difficulty for many to work from home, many sectional owners are considering... the option of a generator to keep things going through load shedding. But can you just install a generator in your unit, or do you need permission to do so?

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635
Article
Are sacrificial rituals allowed in sectional titles?

14 July 2021

A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a... sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?

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291
Article
The basics of starting a sectional title development

14 June 2021

I’ve inherited a piece of property that a few people have told me is ideal for a small sectional title... development. I know it will be costly and take time, but was wondering if you could briefly explain to me what will need to happen for me to make this a reality?

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423
Article
Can I run an Airbnb from my sectional title unit?

16 March 2021

I am an owner of a sectional title unit and would like to advertise my unit for short term rentals... on Airbnb, is this legally allowed?

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363
Article
What to do if my pesky neighbour keeps parking in the visitors parking area

06 January 2021

One of the residents of the sectional title scheme I live in, constantly parks his vehicle in the parking bays... designated for visitors. This is frustrating as there is limited visitors parking and often visitors are forced to park outside the scheme which is inconvenient and a safety risk. What can be done about this resident?

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444
Article
Can a body corporate institute action against the sectional title developer?

10 November 2020

In our sectional title scheme, it has become clear that many of the structures on the common property have been... poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

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331
Article
Sectional Title body corporates, and Covid-19

10 July 2020

I live in a small sectional title scheme and am on the body corporate. We have tried to comply as... much as possible with the Covid-19 regulations but am unsure about what we may or may not do in this time. Is it possible to get some guidance in this regard?

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452
Article
What does the Electronic Deeds Registration System mean for the consumer?

11 November 2019

I have a property portfolio and am constantly buying and selling properties. I’ve recently seen media reports that a new... electronic deeds registration system is coming for South Africa. For me speed of sale and registrations is vital. Will this new system improve or worsen the current registration processes?

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411
Article
When do the levies of a sectional owner increase after an extension of their unit?

16 October 2019

I live in a sectional title scheme and pay levies according to the participation quota of my unit. However, a... number of unit owners have recently extended their units and although the body corporate has approved such extensions, I know the sectional plans have not been amended. So now although their units are larger the owners are still paying the same levies. When must the body corporate increase their levies?

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320
Article

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