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South Africa

/ Owner - May 15, 2014

Body Corporate News

  • South Africa: Adjudicator duties in terms of the Community Schemes Ombud Service Act June 13, 2024
    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 of the law was incorrect.     Read the article…………………………….
  • Warning for complexes, estates and gated communities in South Africa May 25, 2024
    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 could negatively affect the sale of a home and the agents tasked with the sale in estates or gated communities.     Read the article…………………………….
  • South Africa: Mooikloof estate takes man to court to seize his stand after failing to build within a year February 26, 2024
    The Mooikloof Glen Estates Home Owners Association took a stand owner to the North Gauteng High Court in Pretoria in an effort to seize his stand after he failed to build a house within a year of buying the piece of land.  Read the article…………………………….
  • South Africa: Community Harmony: Your Guide to Ideal Living Spaces December 11, 2023
    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 article…………………………………
  • South Africa: Battle within Paradise: Power Struggle Erupts in Johannesburg’s Elite Estate October 23, 2023
    In the sprawling green expanse of Johannesburg’s elite Eagle Canyon Golf Estate, a conflict has hatched that echoes far beyond its manicured lawns and gleaming facade. The dispute is not about the rising price of property or a disagreement over the color of a fence. It’s a battle about governance, about power, about the right to make decisions that bind all who live within this gated paradise   Read the article……………………………..
  • South Africa: Enforcement of BEE in community schemes must be rejected (Op/Ed) September 9, 2023
    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: Until race-based legislation is transparent, mistrust won’t dissipate August 14, 2023
    An innovative way to create jobs for previously disadvantaged people? Or, as the Democratic Alliance claim, a scheme aimed at capturing gated communities for B-BBEE companies connected to cadres”?   Read the article………………………..

South Africa Body Corporate News Archives

Body Corporate Articles

  • 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 Body Corporate Articles Archives

Laws

Sectional Titles Act, Rules & Regulations (PDF)

Sectional Titles Schemes Management Act 8 of 2011  (PDF)

 

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