www.MyPE.co.za: In previous articles, our panel of experts touched on the issue of levies payable by sectional title holders. This week, they deal specifically with the question of special levies. A reader writes that he lives in a block of flats comprising 33 units, which was in need of extensive renovations. After a special meeting, the body corporate gave the go-ahead for the trustees to obtain quotes and proceed with the required work. He mentions that very few guidelines, such as a … [Read more...] about Special Levy a Little too Heavy
Property Poser
Keeping Parking Disputes at Bay
www.MyPE.co.za: This week our panel of experts ventures into the murky waters of common property versus exclusive use areas in a sectional title complex. A reader writes that he previously owned a unit with an open parking area and obtained written consent to enclose the area. He later sold this unit and moved to another one in the same complex. The exclusive use of the parking area was included in the sale agreement. The reader now rents out the unit he owns. Recently, however, a new … [Read more...] about Keeping Parking Disputes at Bay
Owner Chokes on PIE
www.MyPE.co.za: 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, however, is that the reader has been unable to take possession of her new property … [Read more...] about Owner Chokes on PIE
Resident Down in the Dumps
www.MyPE.co.za: This week our panel of experts grapples with the growing problem of dumping on undeveloped land by unscrupulous neighbours and builders. A reader whose home borders on one such vacant property writes that she has two issues - firstly, with the dumping of rubbish and, secondly, with the overgrowth of trees and shrubs. With regard to the first issue, the unbearable smell emanating from the area drove the reader and her neighbours to report the problem to the … [Read more...] about Resident Down in the Dumps
Taking the Wind out of the Sale
www.MyPE.co.za: This week, our panel of experts deals with a frustrated reader's attempt to purchase a property. The reader says she has signed all the required transfer documents drafted by the conveyancer, but the seller refuses to sign them. When the reader enquired about the delay, she was informed that the seller no longer wishes to sell. Due to a lack of communication from both the agent and seller, the reader has turned to our panel for help. She would like to know if she may … [Read more...] about Taking the Wind out of the Sale
Trustees Allowed to Wear Two Hats?
www.MyPE.co.za: This week, a reader asks our panel of experts to clarify his position as a body corporate trustee for the complex in which he lives. Having held the position of trustee for a year, the reader applied for the post of general maintenance manager for the complex. He was interviewed and subsequently appointed. The reader was prepared to resign as trustee but was informed that he could fulfill both roles. According to him, the constitution for the complex states that … [Read more...] about Trustees Allowed to Wear Two Hats?
Buyer Bugged by Borer and Wiring Certificates
www.MyPE.co.za: This week our panel of experts tackles a reader's problems with faulty wiring and borer beetles in his new home. The reader recently purchased a house and received the necessary electrical compliance and borer beetle clearance certificates. However, he has since discovered that there are problems with both. Shortly after moving in, he noticed borer beetle activity and shortcomings in the electrical installation. The reader's suspicions were confirmed when he obtained … [Read more...] about Buyer Bugged by Borer and Wiring Certificates
Married With Property
www.MyPE.co.za: This week our panel of experts examines questions from two different readers relating to how the ownership of property is affected by a marriage regime. The first question comes from a reader who acquired a property before she got married in community of property. A further bond was registered in both their names after the wedding. The couple is now divorcing and the reader wants to know whether her spouse can lay claim to the property. The second question is posed by a … [Read more...] about Married With Property
Property ‘acquired’ by twisted sister
www.MyPE.co.za: A reader sketches a situation whereby her sister applied for a bond 20 years ago in order to assist their parents with renovations to their property. The bank would not consent to such a bond unless the property was registered in the sister's name. When the reader's father passed away recently and the sister moved into the property to live with her mother, the issue arose again. She produced a document purporting to comprise a transfer and indicating that she bought the … [Read more...] about Property ‘acquired’ by twisted sister
Freedom (with) rules
www.MyPE.co.za: Our panel has received an e-mail from a reader who has recently moved into a freehold complex where the "house rules" are somewhat of a grey area. She finds no reference to a Homeowners' Association in the Deed of Sale and says she has no access to the property's title deed. Charlotte Vermaak from Chas Everitt Port Elizabeth says a Homeowners' Association is often imposed by the municipality upon a developer as a requirement for the land to be zoned and partitioned in a … [Read more...] about Freedom (with) rules
Landlord Wants to Boot Letting Agent
www.MyPE.co.za: This week's reader question is from a landlord whose letting agent has become a huge source of frustration. The reader says while his tenant pays on time every month and takes care of the leased property, the letting agent avoids his telephone calls and is often late with the transfer of rental payments. This situation has become unacceptable to him as landlord and his questions relate to the cancellation of his agreement with the agent. The existing contract expires at … [Read more...] about Landlord Wants to Boot Letting Agent
