South Africa: Adjudicator duties in terms of the Community Schemes Ombud Service Act

In the case of Reddy and Another v Cedar Lakes Homeowners Association NPC and Others, the Johannesburg High Court reversed the findings of an Adjudicator appointed in terms of the Community Schemes Ombud Service Act, 2011 (“the Act”). The court found that the Adjudicator had failed to account for relevant evidence and that his application […]

Warning for complexes, estates and gated communities in South Africa

Real Estate Business Owners of South Africa (Rebosa) have highlighted that HOA profit-making practices are an ongoing concern in South Africa – a major problem for both homeowners and estate agents.  Rebosa flagged in February that some Homeowners Associations (HOAs) – responsible for managing such communities – are also involved in unlawful profit-making practices that […]

South Africa: Community Harmony: Your Guide to Ideal Living Spaces

It doesn’t matter if you’re a potential tenant, first-time home owner, investor owner, new family, empty nester or retired, if you’re looking for a community of like-minded individuals, with a mutual interest in protecting your investment with priorities of security, aesthetics, financial stability and maintaining value, then community scheme living is for you.    Read the […]

South Africa: Enforcement of BEE in community schemes must be rejected (Op/Ed)

A month ago, Minister of Human Settlements, Mmamoloko Kubayi, delivered an address at the Community Schemes Ombud Service (CSOS) Indaba in which she said that community schemes (which include sectional title complexes, homeowners’ associations, retirement housing schemes, share block companies and housing cooperatives) should be subject to mandatory ‘economic transformation’.   Read the article………………………..

South Africa: Woman sentenced to five years in prison

According to a statement by the Directorate for Priority Crimes (Hawks) Holtzhauzen was employed as a financial administration manager at Zandspruit Homeowners Association NPC situated in Hoedspruit. “Some of her responsibilities as a manager, include paying service providers for services rendered.  Instead of paying the service providers, the accused created fictitious claims and transferred the […]

South Africa: What are the rules for installing solar power when living in a complex?

The worsening load-shedding crisis is causing homeowners to seek alternatives to Eskom’s electricity supply.  Many consumers have since opted for Solar power, an attractive option if you’re considering an entry-level solution to survive power outages or looking to get completely off the grid……Owners of standalone homes have leeway when installing solar power systems. But what […]

South Africa: Fines and penalties in estates in South Africa – what you should know

South Africans building in an estate must ensure construction remains on track or face costly fines.  Legal firm Wright Rose-Innes has noted a spike in clients who have received a large penalty on their monthly levy account from their corporate body or homeowner’s association for not starting/completing the building of a property on their estate’s […]

South Africa: What the PPA means for Community Housing Schemes

Much has already been said about the Property Practitioners Act (PPA) and Regulations which came into effect on 1 February and the immediate effects on consumers in the property sector as well as all the estate agents, brokers, property managers, auctioneers, bond originators, bridging financiers and home inspectors that fall under its ambit.   Read the […]

South Africa: Blyde River and the thorny issue of short term rentals in complexes

For permanent residents, units rented out on a short-term basis – whether through Airbnb or other channels – can be bad news, jeopardising the development’s reputation, property values and security. For many property investors, however, short term rentals are their bread and butter.   Read the entire article……………………………….

South Africa: Important changes for complexes and estates in South Africa taking effect from today

With the Protection of Personal Information Act (Popia) coming into effect on Thursday (1 July), community housing schemes need to urgently appoint their official information officers and ensure that they are registered with the Information Regulator, says Andrew Schaefer, managing director of property management company Trafalgar.    Read the entire article……………………………….

South Africa: Board committees in property associations – the legal side of social, ethics committees

The duties of directors of property development-related associations have at times been an uncertain area of law – one could argue that many associations have seen themselves as somewhat “special” and “separate” from the Companies Act. In many instances believing that only the Memorandum of Incorporation (MOI) is applicable, often forgetting that contract law, being […]

South Africa: The POPI Act and privacy in community housing schemes

The Act provides for personal information to be kept in such a way that it is protected from unauthorised access – by computer hackers, for example – and for it not to be sold to or exchanged with any other organisation.   Read the article……………………………………

South Africa: The best way to stop HOA levy arrears

If you live in an estate, you know that there are always those who are reluctant and slow to pay their monthly levies – and a few who won’t pay at all until the homeowners’ association (HOA) has already started to take legal action against them.   Read the article…………………………

South African residential estates are now using drones to boost security

South African residential estates are now using drones to keep their perimeters secure, according to Kim James, director of Drone Guards – a company which has been contracted to provide drone security services to a number of residential estates in the country.    Read the article………………………….

South Africa: Private gated estates can enforce speed limits – SCA rules

Private gated estates are entitled to draw up their own rules, including setting speed limits on internal roads and imposing “fines” for exceeding them, the Supreme Court of Appeal ruled on Thursday.  The ruling, by Judge Visvanathan Ponnan (with four judges concurring), overturned a previous judgment delivered by judges in KwaZulu Natal who declared invalid […]

South Africa: GatedEstates: A victory against ‘arrogant’ draconian rules

Property tycoon Niemesh Singh is prepared to fight the Mount Edgecombe Country Club Estate in the highest court should they appeal against a landmark high court judgment against gated estates.  On Friday, Singh successfully contested the “draconian rules”, including restrictions placed on the movement of domestic workers at the swish estate, in court this week. […]

South Africa: Big fight between Telkom and Vodacom could leave residents without fibre

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”. […]

Rules are rules: Pets in flats (South Africa)

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 […]