26 May 2013

Meeting AGM requirements

Charl Crous - Du Toit Strömbeck Attorneys

A reader who lives in a sectional title complex with a managing agent has approached our panel with two procedural questions. He would firstly like to know how many days before the annual general meeting the agenda and financial statements should be distributed and, secondly, the correct procedure for removing a trustee. The management rules contained in Annexure Eight to the Sectional … [Read more...]


Cleaning up tenant trouble

Charlotte Vermaak - Chas Everitt

Our experts have been alerted to an interesting situation by a reader who owns a flat, which he rents out. When his last tenant's contract came to an end and he left the unit, the owner released his deposit, as he was under the impression that all was in order. Two months later, the reader received a notice from the management agency in charge of the complex regarding an incident that had … [Read more...]


Cracking down on defects

Charl Crous - Du Toit Strömbeck Attorneys

The topic of latent and patent defects requires further discussion since our panel is often asked to comment on situations relating to this issue. This week's question comes from a reader who purchased a property in 2003 for the sum of R160 000. Two years ago, cracks started appearing in the walls of the garage. Upon investigation, the insurance assessor found that the cracks were due to … [Read more...]


Getting a handle on access rights

Charl Crous - Du Toit Strömbeck Attorneys

This week our panel of experts examines the issue of a reader's right of access to his property via a so-called "panhandle". He says the vacant stand adjacent to his property was recently sold and the new owners also have access to their property via the same panhandle. The reader would like to know whether he could cut back the trees and vegetation along his driveway and erect a wall … [Read more...]


Fine time to pay levy

Charl Crous - Du Toit Strömbeck Attorneys

A resident of a sectional title complex, who was fined for non-payment of a special levy, has approached our panel for some expert guidance. In June last year, says the reader, all residents were informed of the introduction of the levy, which would be "payable over the next six months". She also reports that the managing agent confirmed the full payment would be due by December 10. It was … [Read more...]


Owner chokes on PIE Act

Charl Crous - Du Toit Strömbeck Attorneys

This week our panel of experts revisits the eviction procedure in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act. The matter was raised again recently by a reader who purchased a property more than two years ago. She writes that the previous owners could not keep up with their bond payments and that the house was sold in execution. The problem, … [Read more...]