A recent ruling by the Johannesburg High Court has brought some clarity for sectional title schemes, especially on collecting overdue levies and recovering legal costs when members do not pay. The case, SS Glen High Body Corporate v. M. Kruger NO (2023/055133), addressed issues many schemes face: can they recover legal fees incurred when chasing unpaid levies? Why this matters for...
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...
In order for an owner to be able to lawfully keep a pet on the property, they need written consent from the trustees of the body corporate, and the trustees may not unreasonably withhold such consent. Conditions The trustees may impose any reasonable conditions for the pet to stay on the property and when such conditions are breached, the trustees will be...
Section 4(c) of the Sectional Title Schemes Management Act No. 8 of 2011 provides that the body corporate may exercise the power to purchase, hire, or otherwise acquire movable property for the use of owners for their enjoyment or protection, or in connection with the enjoyment or protection of the common property. With increasing concerns for safety and security, more people are carefully weighing...