Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else
The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals.
A recent Supreme Court of Appeal decision, granting a sight-impaired owner a limited right to exclusive use of a section of common area for his washing machine, has brought this balancing act into sharp focus. We discuss the reasoning behind that outcome, with some suggestions on how bodies corporate and homeowners’ associations should approach this sort of situation in future.
Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?
“We are also proposing additional tax measures to ease the financial burden on households and businesses, by adjusting personal income tax brackets and rebates fully in line with inflation.” (Minister of Finance Enoch Godongwana) How much will I save if I sell my house? A big highlight for property sellers and buyers is that, having […]
Choose Your Conveyancer with Care! A Cautionary Tale of “Fraud Unravels All”
Buying and selling a house is probably one of the most important financial transactions you will ever be involved in. Not to mention the emotional aspect of acquiring or letting go of your “home sweet home”.
This is why it’s vital to choose the right conveyancer. Case in point, a recent court battle which saw a couple losing ownership of what they had fondly believed to be their new house. A crooked attorney, in cahoots with her trustee husband, had defrauded both the original owner and the buyers at the end of the transfer chain. And in law, “fraud unravels all.”
Love and the Law: Cohabiting? Get Your House in Order Now
“All you need is love… and a good lawyer.” (Anonymous) February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. […]
Parking Disputes and the “Reasonable Neighbour” Test
“Wouldn’t it be nice to get on with me neighbours?” (from “Lazy Sunday” by Small Faces) Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if you ignore me” sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling […]
Selling Your House This Summer? Get Your Ducks in a Row With This Checklist
“In the summertime, when the weather is high, you can stretch right up and touch the sky.” (Mungo Jerry) Summer’s here with its blue skies, happy holidaymakers from around the country and the world, and, as always, an upsurge in demand for houses. If you’re going to capitalise on this seasonal upswing, start planning your […]
The Transfer Process in a Nutshell
“Don’t wait to buy real estate. Buy real estate and wait.” (Will Rogers) Spring is in the air and, as the annual uptick in property sales kicks in, let’s address two questions commonly asked by both sellers and buyers who are unsure about exactly what happens after they sign their sale agreement: Let’s begin with […]
Don’t Let Cybercriminals Haunt You this Halloween — Verify, Verify, Verify!
“If you suspect deceit, hit delete!” (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded “BEC” or “Business Email Compromise” fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud, […]
Panhandle Access to Properties – The Mistakes to Avoid
“You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s where the “panhandle” comes into play, a narrow strip of land (looking on diagrams very […]
Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets
“Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and […]