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In the intricate realm of property law, the responsibilities of a body corporate within a sectional title scheme are paramount. A recent court case, Eze v Adderley Body Corporate and Another, serves as a poignant reminder of the implications of neglecting these duties. This case not only underscores the obligation of the body corporate to maintain and uphold the common...

Tenant evictions are often the last resort for landlords, primarily due to the significant expenses, lengthy procedures, and emotional toll it takes on both parties involved. With tenant arrears currently sitting at 17% by Q4 2023, many landlords are left with no choice but to pursue legal action. The Rental Housing Act of 1999 governs the relationship between landlords and tenants...

As South Africa's real estate landscape continues to evolve, lifestyle estates have emerged as a prominent choice for those seeking a harmonious blend of luxury living and recreational amenities. The future of lifestyle estates in the country is poised for exciting transformations, with a focus on essential amenities, prudent financial investments, and the creation of conducive environments for an enhanced...

The body corporate is obligated to carry out the responsibilities assigned to it under the Sectional Titles Schemes Management Act (‘STSMA’) or in accordance with the rules, with the aim of establishing and sustaining an administrative fund that adequately covers the estimated annual operating costs for the repair, maintenance, management, and administration of the common property. Administrative budget The creation of a...

Smoke is always a controversial issue in sectional title schemes due to the proximity in which people live. In South Africa, smoking tobacco products is governed and regulated by the Tobacco Products Control Act (TBCA), which regulates smoking in public places, among other functions, and is defined as “any indoor, enclosed or partially enclosed area which is open to the public”. While...