Disconnecting the electricity, or limiting the water supply of a unit owner or occupier for failing to pay their consumption charges for that electricity or water has never been easy. The law is far from certain as to when this is and is not enforceable. Some applications are granted, and some are not, whether opposed or unopposed.
President Cyril Ramaphosa signed the Sectional Titles Amendment Act 13 of 2022 into law on 22 December 2022. The Act was published in the Government Gazette on 5 January 2023, and also came into effect on that date. Click here to access the new version of the Sectional Titles Act 95 of 1986 (“the STA”), with all of the amendments.
In Part 1 of this commentary, we set the scene by laying out what s 57 of the Community Schemes Ombud Service Act 9 of 2011 (“the CSOS Act”) provides in respect of the limited right to appeal against CSOS adjudication orders.
The National Energy Regulator of South Africa (NERSA) recently announced the decision to grant Eskom a tariff increase of 18.65%. The electricity price hike would come into effect on 1 April 2023.
STS has kicked off 2023 on a high note. We are excited to announce that the STS group of companies have moved into our new offices on 11 January 2023. Our new location is still in the same office park, but we now have an entire block to ourselves.
As proud supporters of the Care for Wild Rhino Sanctuary (CFWRS), we were extremely pleased to send our very first STS Care for Wild Rhino Sanctuary volunteer group to help out at the sanctuary.
As a judgment creditor, it is not impossible to obtain High Court orders to enforce, or execute on, a court order originating from a Magistrate’s Court. Oftentimes, it is preferred to execute Magistrate’s Court orders in the High Court because it is “more efficient” and “less technical”.
The December holidays are in sight, and we are all looking forward to some downtime with family and friends. Sadly, crime is a daily occurrence in our country. According to Statistics South Africa, crimes like housebreaking and robbery increased during the 2021/2022 period.
The December holiday season is finally here, and this is the period we look forward to all year to wind down and enjoy some fun in the South African sun. It’s when we can spend quality time with loved ones and make memories that last a lifetime.
Community schemes are often left in the unenviable position where they require an urgent ad-hoc service or project to be completed, but don't necessarily have the funds in reserve at the time for this to happen. Raising a special levy is also not always possible. Securing project funding may be the best option to protect property value and/or prevent building decay.
Holidays are notorious for being a risky time for crimes like burglaries and break-ins. December is just around the corner and many people are planning to go away over the festive season, increasing the opportunity for criminals to strike.
It’s best to pay attention or you can fail on technicalities. A special resolution could only be successfully passed if the prescribed procedures were followed, and the appropriate majorities voted in favour of the resolution.
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