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27 Jan

Posted at 09:06h in Property

On 1 February 2022 the new Property Practitioners Act will commence. While this new consumer-driven Act aims to provide protection for consumers when purchasing, leasing, financing, renting or property, the requirements will be quite taxing for property practitioners. Below are a few changes of importance that the new law will bring to the industry. Property practitioners & Fidelity Fund Certificates The definition of...

19 Jan

Posted at 12:08h in Property

The fundamentals of sectional title schemes and home owners’ associations (HOA) are very similar. Both are community schemes with shared use of common property where owners pay a levy to the scheme as a contribution for common property expenses. There are differences between the two types of community schemes that are important to understand. Legislation The legislative laws that apply to sectional title...

14 Jan

Posted at 11:10h in Property

Trustees are appointed by the members of a scheme to manage the body corporate’s affairs. Trusteeship involves spending private time on dealing with issues and taking decisions that determines the wellbeing of the scheme. Sometimes trustees lose sight of their responsibilities and take decisions that are biased or not in line with sectional title legislation. Thinking about the issues trustees have...

10 Jul

Posted at 10:06h in Property

Homeowners’ associations (HOAs) and sectional title schemes are referred to as community schemes. There are many differences between these types of schemes; in this blog, we will mainly focus on the laws that govern these two types of schemes and how to amend their rules. The laws that govern HOA Homeowners’ associations (HOAs) can either be subject to a constitution (in the...

29 Jul

Posted at 08:07h in Property

One of the many reasons a sectional title complex or estate is so attractive to property owners is the sense of security it provides. What happens when your apartment or house is broken into, who is responsible for your loss? Is it the body corporate, the estate manager, the security company or the managing agent? Responsibility to secure In a sectional title scheme, the owner is...