This week our panel assists a reader who has been fined for alterations he made to his unit in a sectional title complex. Before starting these alterations he submitted the plans to the municipality and the trustees of the body corporate. The changes he wished to effect were not only aesthetic, but also had practical implications to prevent rainwater from flooding the interior. The building took two months to complete. About a month after completion he received a communication from the … [Read more...] about Laying blame at owner’s door
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In suspense over sale conditions
Our panel often receives questions about suspensive conditions linked to property sales. These conditions affect not only the buyers and sellers but also the estate agent involved in the sale and, very often, third-party buyers and sellers who are waiting on fulfilment of a deal on which their own property transaction depends. This week we take a look at a set of facts presented by someone who appears to be a principal and is concerned about the actions of another agent within his … [Read more...] about In suspense over sale conditions
Splitting the marital bond
Regular readers of our column may be aware that the impact of a marital regime on property ownership is often a burning question. This is even more so, it appears, when creditors are laying claim to outstanding debts from either one or both of the joint owners. One such reader writes that he and his wife are married out of community of property, with the exclusion of the accrual system. They are however the joint owners of the home in which they live. Unfortunately, being pensioners, … [Read more...] about Splitting the marital bond
Buyers must know complex rules
This week our reader's letter deals with the management and conduct rules in a sectional title complex. He understands that, while these rules are absolutely necessary, prospective buyers do not always know what they are getting themselves into when buying in a complex. As a trustee of the body corporate in charge of the complex where he resides, he has devised a way to ensure that all parties concerned in the sale process are fully aware of the complex-related rules and facts. In his … [Read more...] about Buyers must know complex rules
Capital gains taxing on seller
This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly about the recommended commission payable to an estate agent with a sole mandate to sell the … [Read more...] about Capital gains taxing on seller
Fixing a Shaky Chair
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
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
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
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
