Sectional Title Arrears Collections: A Legal Perspective
Sectional titles remain one of South Africa’s most popular property ownership models, offering community-style living, shared security, and reduced maintenance burdens. However, arrear levies are the biggest ongoing challenge that can disrupt even the best-run schemes. Overdue payments from sectional title owners to the body corporate are not only an administrative challenge but also carry […]
Know Your Rental Rights
Renting a home should be straightforward: you pay your rent, you get a safe place to live, and both sides respect the agreement. Unfortunately, renting does not always go as planned. The Rental Housing Act was introduced to keep things fair and balanced between tenants and landlords. And when disputes do arise, the Rental Housing […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
Steps to Take When Your Tenant Stops Paying Rent
For many landlords, one of the toughest situations to face is when a tenant stops paying rent. It’s frustrating, but it’s important to remember that eviction isn’t just a matter of asking someone to leave. It’s a legal process governed by strict rules. Knowing how it works helps you protect your rights while avoiding unnecessary […]
Can an HOA Block Access for Foreign Domestic Workers?
Homeowners’ Associations (HOAs) are legal entities responsible for managing and regulating housing development schemes. They oversee maintenance of communal infrastructures such as roads, security systems, and other shared amenities. An HOA can legally implement access restrictions as part of its security procedures, but sometimes the extent of these procedures is questioned. HOA’s authority to regulate […]
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]
How the New Expropriation Act Shapes Land Acquisition in South Africa
President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair compensation for property owners. While […]
Renting vs Buying: The Pros and Cons
In a lowering interest environment, tenants are reconsidering their priorities. Driven by reduced interest rates and more lenient loan criteria, tenants are starting to have their sights firmly set on owning a home. While many—particularly the ‘millennial generation’—chose to travel and live more ‘freely’ in the past, priorities have since changed. The pressing question right […]