Beyond the Fine: When Can a Body Corporate Interdict a Disruptive Owner?
Living in a sectional title complex requires a careful balance between enjoying your own home and respecting your neighbours. While most owners and tenants follow the rules, almost every trustee and managing agent eventually runs into a nightmare scenario: an occupant who completely ignores the complex’s rules and makes life miserable for everyone else. Whether […]
What Happens When a Buyer Backs Out of a Property Sale?
For both sellers and buyers in South Africa, agreeing on a property transaction feels like the hardest part of the journey. However, once an offer to purchase (OTP) is signed by both parties, it becomes a legally binding contract. When a buyer suddenly decides to walk away, it triggers immediate legal and financial consequences. Here […]
The Prevention of Illegal Eviction Amendment Bill: Striking a New Balance Between Property Rights and Housing Rights
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) has long been regarded as one of South Africa’s most significant pieces of socio-economic legislation. Enacted to give effect to section 26(3) of the Constitution, PIE protects unlawful occupiers from arbitrary eviction while ensuring that property owners may only […]
Who Protects Your Deposit When Property Deals Collapse?
Property transactions rarely unravel overnight. A deal that starts smoothly with a signed Offer to Purchase (OTP) and a paid deposit can quickly run into delays, disputes, or outright collapse. When that happens, one question matters most: who protects the buyer’s money? A string of interest rate cuts over the past few years has seen […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Airbnb and Sectional Title Regulations
Navigating the rules and regulations for short-term letting. With short-term letting and (more specifically) Airbnbs ramping up in South Africa, disgruntled owners and tenants are voicing their concerns when it comes to short-term letting properties contained in complexes, estates, and apartment blocks. While freehold property owners can act freely, sectional title property owners are bound […]
All Our Trustees Have Resigned. What Now?
What happens if all the trustees of a sectional title scheme resign? Who is then in control of the management, and who is entitled to continue exercising the function and powers of the body corporate, which is entrusted to the trustees by virtue of the Sectional Title Schemes Management Act 8 of 2011 (STSMA)? The […]
What Implications Does a Lien Have on Eviction Proceedings
In conflicts between property owners and tenants seeking compensation for property improvements before leaving, eviction proceedings are possible, but success depends on location and lease terms. “I have been renting out my property to tenants for the last couple of years and the time has come for them to vacate the property. The tenants, during […]
Understanding Homeowners Associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their individual properties, the HOA maintains and oversees communal infrastructure, such as roads, security systems, […]
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 1
Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The Sectional Titles Act 95 of 1986 stipulates […]