South Africa

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Body Corporate News

  • South Africa: Water blow for city August 31, 2017 THE City of Tshwane must charge the homeowners association of the upmarket Blair Atholl golfing estate a special tariff for water supply as opposed to what it had been billing it for more than 10 years.  The estate, located 50km west of Pretoria near Lanseria Airport, scored the victory over the metro in a rather vast and complex case in the Gauteng High Court, Pretoria, yesterday.     Read the article…………
  • South Africa: Big fight between Telkom and Vodacom could leave residents without fibre July 30, 2017 Telkom has won what it calls a “landmark” court case against Vodacom regarding the use of its infrastructure.  The case was resolved in the Western Cape High Court on 26 July, following an urgent application brought against Vodacom by Telkom. The application related to Vodacom’s “unlawful use of its infrastructure in the Dennegeur Residential Estate”.  Telkom brought the application against Vodacom following its use of Telkom’s duct infrastructure without consent. ……..Vodacom and the Homeowners’ Association are ordered to pay Telkom’s ...
  • South Africa: Court blow for ratepayers in homeowners’ associations February 6, 2016 Property owners who provide and pay for their own basic services are not entitled to pay lower rates than owners who receive these services from a municipality, according to recent ruling by the Supreme Court of Appeal.  It said there is not a direct link in law between the rates paid by property owners and the municipal services they receive.   Read the article…………
  • South Africa: Durban tycoon loses case to gated estate February 5, 2016 A property tycoon has lost his legal battle to overthrow what he says are “draconian” rules – involving speed limits and fines and access for domestic workers and contractors – at the Mount Edgecombe housing estate where he lives and owns several properties.    Read the article………….
  • South Africa: Home owners to be charged additional levy for ombud service December 1, 2015 Some homeowners have been told that they will soon be paying an additional levy which will go towards the Homeowners Association Ombud service. This levy will apparently depend on the value of a respective property.   Read the article………….
  • Rules are rules: Pets in flats (South Africa) August 5, 2014 Pet ownership generally creates problems in sectional title schemes and HOA run estates as many will either have conduct rules which stipulate “no pets allowed” or “one or two pets, of a small nature” but what happens when an owner goes against the rules, the trustees turn a blind eye for a period of time because the pets are not a nuisance to anyone else in the scheme and then later realise they have made a mistake?     Read more…….

South Africa Body Corporate News Archives

Body Corporate Articles

  • South Africa: What buyers in homeowners’ associations must ask July 13, 2017 IN typical homeowners’ association (HOA) run estates the various areas such as roads, the entrance and parks or green spaces within the development are split into categories: public open spaces or private open spaces, and these various areas often remain registered in the developer’s name and are not transferred with the first transfer when the scheme is established.  In some HOAs, the roads could be private roads, in which case the scheme is responsible for their upkeep and others are ...
  • South Africa: Homeowners’ associations: Pros and cons June 13, 2017 As a homeowner in an estate or boomed-off area, a buyer may be required to join a Homeowners’ Association (HOA), which means adhering to numerous rules and regulations stipulated by the HOA.  Read the article……………
  • South Africa: Homeowners association wins lease battle against Tshwane April 12, 2017 The city refused to consider renewing the association’s 10 year lease agreement to rehabilitate and develop the Waterkloof Ridge Nature Valley Park.  The homeowners association of the upmarket Waterkloof Boulevard Estate has obtained an urgent court order forcing the Tshwane municipality to reconsider their application to renew their lease of the surrounding Waterkloof Ridge Nature Valley Park.     Read the article…………..
  • All you need to know about Community Properties February 6, 2016 In South Africa, apartments and townhouses are sometimes part of what are known as sectional title schemes or sectional title development schemes, in accordance with the Sectional Titles Act No 95 of 1986.   Read the article………  
  • South Africa: Liquidators vs Home Owners Associations: title deed conditions are binding on liquidators April 26, 2015 In two recent cases decided in the Supreme Court of Appeal (SCA), namely,Willow Waters Homeowners Association (Pty) Limited v KOKA NO and others ZASCA 221, the SCA was asked to consider:     Read the articles………..
  • Homeowners Associations: Can You Ban a Home Business? May 12, 2014 All Home Owners Associations (“HOAs”) and their home owner members should be aware of a recent High Court judgment addressing the knotty problem of a HOA’s powers to bar an owner from running a home-based business.   Read more……..
  • Much Ado About Nothing ? (Post from South Africa) October 10, 2012 Finding a proper balance between slack management and management by dictatorship in housing schemes is an ongoing challenge, and a particular solution is not necessarily appropriate for all schemes. We know that if the administration or management of a sectional title scheme or home owners’ association is neglected, it will inevitably lead to loss of unit values. On the other hand, too tight a rein on the lifestyle of owners leads to unhappiness and disputes.  Read More……

South Africa Body Corporate Articles Archives

Laws

Sectional Titles Act No 95 of 1986    PDF Version

Sectional Titles Act, Rules & Regulations (PDF)

Sectional Titles Schemes Management Act 8 of 2011  (PDF)