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When it comes to a dispute with the body corporate, an owner in a sectional title scheme often ask whether they can withhold payment of their levy contributions, until such time as their dispute has been resolved. The simple answer to this question is no!

An owner canno...

June 19, 2018

The basic sectional title principle that the body corporate must maintain and repair the common property and owners must maintain and repair their sections is not always followed to the letter. There are a number of circumstances where this is the case but usually, for...

June 14, 2018

Airbnb has gained so much ground in SA and participating property owners are making so much money from the concept that many sectional title (ST) complexes and estates have given up on trying to prevent owners from letting their homes and apartments on this platform, a...

June 5, 2018

SMLXL

Sectional Title trustees and Home Owners’ Association directors around SA are breathing a sigh of relief at a change in legislation that will make it easier for them to recover arrear levies from defaulting owners.

This change, made in terms of the Rules Board fo...

In a recent case Roazer CC v The Falls Supermarket CC, the respondent, Falls Supermarket, was a retailer that leased the premises on which it operated from the appellant, Roazar.

The lease agreement made provision for the renewal of the lease by Falls Supermarket for an...

July 1, 2016

In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the Act) must be complied with. Basically, the lessor has to obtai...

March 28, 2016

Our right to privacy on social media in the workplace has been put in the spotlight by the recent judgment of Harvey v Niland and Others (ECG) (unreported case no 5021/2015, 3-12-2015) (Plasket J), where the Eastern Cape Division, Grahamstown, ruled that evidence obtai...

August 13, 2015

A proper interpretation of the National Credit Act 34 of 2005 (the NCA) often continues to bewilder, especially when considering aspects of the ‘cancellation’ or ‘reinstatement’ of a credit agreement as envisaged in s 129(3) and (4). However, there appears to be light...

July 23, 2015

When the Sectional Titles Act 66 of 1971 came into effect, South African law had, for the first time, recognised the concept of ‘vertical ownership’ of land, land previously having been measured only on a horizontal plane in accordance with Roman Law principles.

The off...

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Is there an obligation to renew a lease agreement?

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