What role the chairperson of a body corporate plays and the nature of his or her responsibilities are the subject of this week's column. Our experts have been approached by a reader who recently purchased a sectional title unit and was subsequently elected as trustee at the annual general meeting. The group of trustees is quite small, numbering just four members including the chairperson. The reader is, unfortunately, concerned about some of the chairperson's actions and decisions. He … [Read more...] about Fixing a Shaky Chair
Property Poser
Till debt us do part
The panel has had a question from a reader faced with the "for richer or poorer" aspect of her wedding vows, as she grapples with the issue of property ownership and debt under her particular marital regime. She explains that she and her husband acquired a property jointly before they got married but after their antenuptial contract was drafted. They married out of community of property with the inclusion of the accrual system. Unfortunately, it appears that her husband is involved in a … [Read more...] about Till debt us do part
Agent lets owner down
One of our readers is unhappy with both a recent tenant of her property and the letting agent who initially secured and handled the tenant. It appears that the agent introduced the candidate and assured the reader that she was suitable and that all credit checks had been properly performed. The reader was satisfied with this and signed the lease agreement. At first everything went smoothly. The rental was paid on time and the reader had no other issues with the tenant. However, from the … [Read more...] about Agent lets owner down
Common ground for special levies
This week the panel tackles a reader's question about the calculation of levies and explains how special levies are divided between owners in a sectional title complex. The reader describes her complex as consisting of nine units, all of which are roughly the same size, give or take a few square metres. She would like to know whether this means that all owners should pay approximately the same amount with regard to levies. Extensive renovations are being done to the complex and, as a … [Read more...] about Common ground for special levies
Dead end in Estate Transfer
Purchasing a property from a deceased estate is often fraught with problems. The question before the panel this week relates to a transfer that appears to have hit a dead end. Some time ago, a reader signed an offer to purchase on a property that formed part of a deceased estate. The previous owner had passed away two years before and the deceased's sister appeared to be dealing with the property. The reader explains that the sister was in fact the beneficiary of the property, but decided … [Read more...] about Dead end in Estate Transfer
Paving the way for common problems
Our panel is often asked to deal with a variety of issues relating to sectional title complexes, from problems between neighbours to maintenance of the common property. This week's reader question is a classic example of the latter. The reader explains that he has owned and lived in his unit for some time. Approximately two years ago, he approached the trustees of the complex about paving a dusty and unusable area adjacent to his unit. He was well aware that the area formed part of the … [Read more...] about Paving the way for common problems
Rights and Responsibilities – Landlords, Leases and Liabilities
This week our panel once again sheds light on the rights and responsibilities in the landlord-tenant relationship. A reader explains that she moved into a flat and was required to pay a deposit of R2 000 into the landlord's account. Some time later, she gave notice and subsequently vacated the flat. Upon leaving, the reader was advised by the landlord that her satellite dish was not to be removed. He also informed her that he would use R500 of her deposit for repairs and painting. The … [Read more...] about Rights and Responsibilities – Landlords, Leases and Liabilities
Storm Brewing Over Runoff
With all the rain that has fallen across the country recently, it is not surprising to hear from a reader who complains about the manner in which his neighbour diverts stormwater runoff. He writes that his neighbour has made numerous holes in their shared boundary wall, diverting stormwater to the reader's side. The problem is exacerbated by the fact that the properties are on an incline, with the reader's erf being the lower of the two. The reader would like to know whether this practice … [Read more...] about Storm Brewing Over Runoff
Steamed up Over Burst Geyser Cover
It appears that issues relating to geyser replacement in a sectional title scheme have got more than one reader steamed up. The typical scenario presented to our experts seems to be that there is insurance in place to cover the replacement of a burst geyser. However, the sectional title owner is then held responsible for the excess payable and/or any amount not covered by the policy. One reader in particular feels that, in her instance, the scheme was underinsured for the cost of her … [Read more...] about Steamed up Over Burst Geyser Cover
Parental use and abuse
This week our experts help a reader sort out a rather complex and emotional legal problem involving her parents and their right of use on part of her property. The reader's situation did not begin as a usufruct-related issue. She had initially invited her parents to come and live on her property and build a cottage there. After the building was completed, her parents suggested that they enter into a usufruct arrangement to protect their rights to the property and/or their dwelling. The … [Read more...] about Parental use and abuse
Of Moral, Latent and Patent Defects
This week, our panel deals with a question from a reader grappling with the issue of moral defects versus latent and patent ones. The reader is currently renting a property, which is on the market and has been viewed by several potential buyers. When questioned by the viewers about possible issues or faults relating to the property, he has responded truthfully. Unfortunately, it appears that there are structural defects, which have caused the walls and tiles to crack. The reader’s … [Read more...] about Of Moral, Latent and Patent Defects
Property Purchase up in Heir
This week our panel helps a reader who is uncertain about what the heirs can do with a property that forms part of a deceased estate. The reader explains that she is currently living in a property that belonged to a deceased family member and she now wishes to make an offer to purchase on it. She does not mention how long ago the family member passed away but it appears that the transfer from the estate to the ultimate beneficiary has not yet taken place. The matter is further complicated by … [Read more...] about Property Purchase up in Heir
Tenant Powerless Over Unpaid Bills
A reader has approached our panel about a rental situation that has, quite literally, left her powerless. She writes that she has been renting a property for the last year or so. After a few months, the owner appointed an agent to handle rental matters, including the payment of municipal accounts. The reader dutifully began making her monthly payments via the agent. Unfortunately, it now appears that the municipality has cut off the electricity supply due to arrear utility payments. She … [Read more...] about Tenant Powerless Over Unpaid Bills
Unseating a complex chair
After experiencing ongoing problems with the chairperson of her homeowners' association (HOA), a reader asks our panel what the correct procedure is for unseating such a person. The reader says that, despite the HOA members having voted unanimously for her removal, she is continuing in the role. The chairperson contends her dismissal is merely temporary until a current dispute with her neighbour is settled. In such instances - where an HOA is formed as a non-profit company - the Companies … [Read more...] about Unseating a complex chair
Two Levies, Too Late
In a reversal of stereotypical roles, a reader "interferes" on behalf of his mother-in-law and interrogates our panel about a belated levy payment. The lady in question lives in a sectional title complex and some time ago had the balcony of her unit enclosed. Now - a full 15 years later - the management company has ruled that an additional levy is payable on this alteration. Understandably, the reader is upset over this decision as no mention of an extra levy had been made prior to … [Read more...] about Two Levies, Too Late
