A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Stiaan Jonker of Smith Tabata Attorneys in Port Elizabeth, the fiduciary relationship between the trustee and body corporate … [Read more...] about Appointment and Removal of Sectional Title Trustees
A number of leasing questions answered
This week the Property Poser experts tackle a few common leasing questions from various readers. The first question relates to the payment of interest in a case where the lease agreement specifically made provision for no interest to accrue on the deposit held by the landlord. According to Susan Chapman from Rawson Properties Port Elizabeth Platinum, the Rental Housing Act provides that the deposit must be invested in an interest-bearing account with a financial institution. "The … [Read more...] about A number of leasing questions answered
Unfair of landlord to cut off electricity
The Property Poser panel has received a query from a reader who arranged a late payment of her monthly rental with the agent concerned but then found that her prepaid electricity card had been blocked. Unable to purchase electricity, she has approached the experts for advice. According to Stiaan Jonker of Smith Tabata Attorneys in Port Elizabeth, the Rental Housing Act declares it an unfair practice for a landlord to unlawfully shut off the utilities to a rental property. "The … [Read more...] about Unfair of landlord to cut off electricity
Property unfit for habitation
The Property Poser experts have been approached by a reader who has been renting a property that seems unfit for habitation. The tenant has lived there for six months and encountered a number of problems, including a complete lack of built-in cupboards. He also reports that the front door and internal doors cannot close properly. A broken lounge window that was supposed to be replaced was never fixed and the reader has suffered two burglaries as a result. He adds that the toilet leaks and … [Read more...] about Property unfit for habitation
Navigating a Storm over Water
The Property Poser experts are often inundated with queries about stormwater run-off from neighbouring properties and this week's scenario comes from a reader who lives in a sectional title complex. The reader explains that the area in which he lives was flooded some time ago, while he was abroad. At the time, his neighbour outside the complex knocked down the wall separating the two properties, which also happened to be the boundary wall of the complex. This was done to drain water from … [Read more...] about Navigating a Storm over Water
The Elusive Certificate of Occupancy
A reader has approached the Property Poser panel about an occupation certificate, which stands between him and the dream home he has built. The reader writes that the residence is nearing completion after four years. He tells us that the project was not financed via a mortgage bond and that he built only as and when he had cash reserves to do so. The builder has now advised the reader that he needs a certificate of occupancy from the local municipality before the house can be formally … [Read more...] about The Elusive Certificate of Occupancy
Trustee could be held liable
This week the Property Poser panel assists the owner of a unit in a sectional title complex who questions the validity of a decision to install water meters by his body corporate. The reader writes that he attended the annual general meeting (AGM), which was apparently held at an inconvenient time for most of the owners. He does not specify whether there was any lack of quorum as a result. One of the issues discussed was the installation of water meters. The reader explains that it was … [Read more...] about Trustee could be held liable
Huur gaat voor koop
The Property Poser panel has been approached by a reader who recently purchased a property that includes a garden flat with an existing tenant. The reader says the previous owner entered into a year-long lease agreement about three months ago and the lessee would like to stay on despite the change of ownership. However, the letting agent now claims that the new owner is responsible for his commission and the only way for her to be absolved of this is for the tenant to move out. The … [Read more...] about Huur gaat voor koop
Interdict halts property transfer
The Property Poser panel helps a reader this week whose elderly parents have had to sell their house due to financial difficulty but have now been served with an interdict halting the transfer process. The reader explains that when their issues started they fell in arrears with the bond payments. Plans were made to pay a portion of the outstanding repayments and the balance was restructured as part of the outstanding bond, which increased the monthly instalment. To avoid landing in this … [Read more...] about Interdict halts property transfer
Landlord unmoved by tenant’s request
A reader who is renting a flat has approached the Property Poser panel about the possibility of moving into a vacant flat in that same block. Although she has not provided much background information, it appears that the flat adjacent to hers has become available and the reader would like first option on taking occupation. However, much to her annoyance, the reader's landlord has made it clear that he will only rent the flat in question to a new tenant and that she should remain where she … [Read more...] about Landlord unmoved by tenant’s request
Tenant Thrown to the Dogs
The Property Poser panel has been approached by a reader who relocated from one city to another and moved into a rental property about a month ago. The initial inspection, conducted by the landlord and agent, only took place about a week later, whereupon it emerged that the owner was not happy with animals being allowed inside. According to the reader, the preliminary negotiations took place only between herself and the agent. She says the latter made it clear that animals presented no … [Read more...] about Tenant Thrown to the Dogs
Seller in suspense over instalment sale
A reader has approached the Property Poser panel with a number of questions regarding the sale of a fixed property by way of instalments and also the effect that a suspensive condition might have on such a sale. The reader is looking to sell his sectional title flat and has been introduced to a potential purchaser by an agent. The buyer has only qualified for a bond of 85% of the purchase price and, should it be granted, has proposed to pay off the remainder in instalments. Therefore, … [Read more...] about Seller in suspense over instalment sale
Splitting joint-owned property in divorce
From time to time, the Property Poser experts assist readers whose property assets are a source of conflict in their divorce proceedings. In this instance, the reader was married out of community of property under the accrual system. He and his wife bought a piece of land and built a dwelling on it, where they both lived until the end of last year when she moved out due to marital problems. The reader was responsible for the building costs and thereafter an agreement was reached that … [Read more...] about Splitting joint-owned property in divorce
Neighbour’s runoff results in run-in
This week the Property Poser experts assist a reader whose neighbour's stormwater runs across his property. The reader does not indicate if the neighbour did anything to divert the water onto his property or whether it just appears to be the natural flow of the water. He would like to know what his neighbour's obligations are and whether the National Building Regulations and Standards Act is still in force. It is not difficult to see why this issue is becoming more and more problematic … [Read more...] about Neighbour’s runoff results in run-in
Conveyancer hampers transfer process
This week, a reader asks the Property Poser panel for help with an issue pertaining to the process of transferring a property. The reader writes that she successfully sold her property and the transfer process was handled by Attorney A. She then made a successful offer to purchase on another property and Attorney B was appointed to deal with that transfer. Although not required by the agreement, the reader has already made two deposits to Attorney B, representing the difference between the … [Read more...] about Conveyancer hampers transfer process
