23 October 2024 ,

Body corporate legal battle over construction defects

In Swahili, “Asante” means “thank you”, a common and heartfelt way to express gratitude in Swahili-speaking regions. It is appropriate in various contexts, from daily interactions to formal occasions. However, on 20 September 2024, it is unlikely that the Body Corporate of Asante used this expression of gratitude.

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20 April 2024

Understanding bodies corporate and contractual capacity: a layperson’s guide

Bodies corporate are separate legal entities which are automatically created, in terms of section 2(1) of the Sectional Titles Schemes Management Act[1] (“STSMA”), once any person other than the property developer becomes an owner of a unit within the Sectional Title Scheme (“scheme”).

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13 October 2023

The SCA clarifies a Unit Owner’s legal standing to launch action on behalf of the Body Corporate

The question arises: Can a sectional title owner litigate in their own name for repayment to the body corporate of funds allegedly unlawfully paid from the body corporate’s bank account? The Supreme Court of Appeal (SCA) confirms “no”.

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A young African woman wondering
30 June 2023

Community scheme disputes: CSOS or the courts first?

Disputes within community schemes are a common occurrence. When attempts to resolve these disputes amicably fail, parties often find themselves contemplating whether to approach the Community Schemes Ombud Service (CSOS) or directly seek resolution through the courts.

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A distressed looking woman holding a pillow over her ear
14 February 2023 ,

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.

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A confused looking man in a suit scratching his head
12 February 2023

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.

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Scales, gavel and model of a house
24 November 2022 ,

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”.

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