Legal and Advisory Archives | Page 6 of 8 | Sectional Title Solutions

1 June 2023 Legal and Advisory

Navigating the legal landscape: Trustee authority and cosmetics businesses in residential sectional title units

Are you a unit owner in a residential sectional title scheme and considering starting a cosmetics business from your home? Or perhaps you're interested in the legalities surrounding such a venture?

2 May 2023 Legal and Advisory

Roads within secured residential estates – public or not?

In July 2022, the High Court of Pretoria in the case of PJJ Van Vuuren Beleggings (Pty) Ltd v The Wilds Homeowners Association (“The Wilds case”) handed down this judgment in determining when roads within a secure residential estate could in fact be for public use and benefit.

14 April 2023 Legal and Advisory

The pandemic, backlogs, load-shedding, and failures; the challenges facing SA courts

South Africa’s Chief Justice Raymond Zondo released the Annual Judicial Report 2022/23 on Friday, 24 February 2023. The report is not yet available on the Judiciary's website. This report highlighted the performance of South Africa's “superior courts” during the last financial year. Superior courts are courts like the High Court.

A woman taking a reading of water meters

2 March 2023 Funding and Treasury, Legal and Advisory

A better way to manage and monitor water consumption

South Africa celebrated National Water Week from 20 to 26 March. This event aims to raise awareness about water conservation by discouraging irresponsible water use.

A distressed looking woman holding a pillow over her ear

14 February 2023 Legal and Advisory, Update

Good fences make good neighbours - handling domestic violence in a sectional title scheme

Domestic violence has a devastating impact on the lives of victims. However, the ripple effects often extend beyond the home, impacting more lives than that of the victim.

A confused looking man in a suit scratching his head

12 February 2023 Legal and Advisory

Disconnecting the dots - cutting off electricity and/or limiting water supply to a unit due to non-payment

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.

26 January 2023 Legal and Advisory

New changes ushered in the new year for the Sectional Titles Act

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.

Antique books in a library and a gavel on a table

19 January 2023 Legal and Advisory, Update

Comprehensive commentary on CSOS appeals

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.

24 November 2022 Legal and Advisory, Vlog

An aid to “process-in-aid” – high court applications to execute on immoveable property using a Magistrate’s Court order

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”.

6 October 2022 Legal and Advisory

Obtaining a special resolution is not rocket science

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.

Legal and Advisory