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South Africa Body Corporate Articles

/ Owner - February 6, 2016
  • South Africa: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? December 17, 2022
    A two-part article: Part 1: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? Part 2: Clearing up some common misconceptions about estates issuing fines to homeowners following the Mount Edgecombe-case
  • South Africa: Is it legal to charge fines for speeding transgressions in estates to a homeowner’s levies? August 18, 2022
    The question arose whether fines for speed transgressions by homeowners’ guests in estates may legally be charged to the homeowner’s levy. We look at the current applicable law in South Africa. The content of an HOA’s MOI and conduct rules are contractual in nature, and therefore lawful and binding on the homeowners in that estate as parties to the contract, for as far as the normal principles of the law of contract apply. The answer to whether fines for speed ...
  • South Africa: Before you buy a home in a gated estate, this is what you need to know March 22, 2022
    The popularity of gated communities – and especially estates – has grown steadily over the past few years, thanks to the added security that they offer homeowners plus, in many cases, a complete live-work-and-play lifestyle incorporating sports and entertainment facilities, restaurants, wellness centres, schools and sometimes even shops and offices.   Read the entire article……………………………….
  • The new case South Africans living in complexes and estates should know about February 27, 2022
    The issue of short-term rentals in residential complexes is a thorny one, says BBM Law director Marina Constas.  “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,” she said.    Read the entire article……………………………….
  • South Africa: Five reasons new directors, trustees should be inducted August 28, 2021
    When agreeing to serve as a director or trustee of a homeowners association or body corporate, your appointment is legally the same as if you were serving on any board of any business entity. Here we look at five reasons to be properly inducted into your new role.vvvRead the entire article……………………………….
  • South Africa: Insurance essentials for community housing schemes March 3, 2021
    There is much that Sectional Title trustees and Home Owners’ Association directors can do to avoid large insurance claims arising in their housing schemes – and also much that they must do to avoid any claims that are submitted from being repudiated.   Read the article………………………………………
  • South Africa: Visitor bays being hogged? Court bans homeowner who broke HOA rules November 24, 2020
    A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a selective and discriminatory basis?    Read the article……………………………………….
  • South Africa: How to deal with HOA levy defaulters October 16, 2020
    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 Africa: Golf estates: Life cycle presents challenges March 5, 2019
    Today, every sixth golf course in South Africa is situated on a residential golfing estate. This is quite remarkable, considering that the first local golf estate was established only 32 years ago.  There are two types of residential golf estates – primary and secondary. A third of golf estates can be regarded as primary residential, with the balance consisting mostly of secondary residential (holiday homes). The former tend to be more compact and condensed, whilst the latter often provide hotel- ...
  • 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………..
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