What are Antenuptial Contracts and How to Register an Antenuptial Contract in South Africa
Antenuptial Contracts in South Africa Despite the importance of planning for divorce and signing a prenup, couples often neglect to broach the subject with their partners. However, prenups or antenuptial contracts are an important matter that couples should openly discuss. According to the provisions of the Matrimonial Property Act No. 88 of 1984, the main […]
Are Developers Considered To Be Property Practitioners in Terms of the New Property Practitioners Act and the Impact Thereof?
According to the new Property Practitioners Act, 2019 (PPA), Property Developers are considered as Property Practitioners. Section 1 of the PPA states that Property Practitioners (PP’s) include any person who sells, by auction or otherwise, or markets, promotes or advertises any part, unit or section of, or rights or shares, including timeshare and fractional ownership […]
Short Term Letting in Sectional Title Schemes: What About Airbnb?
Airbnb South Africa: What You Need To Know to List Your Property Airbnb is an American online holiday and homestay rental website. The company has gained popularity amongst tourists and local travellers across the globe for offering a more personalized and often more affordable option than the traditional hotel industry. Airbnb has also received praise […]
Body Corporate South Africa – How to Properly Deliver Notice to Owners, of an Owners Meeting
With the advent of email, the question arises in sectional title schemes, as to the proper way for a Body Corporate to give notice of an owners meeting. Is only emailing the notice to owners sufficient? What does the Sectional Titles Schemes Management Act, 2011 (STSMA) say? Sources in the Sectional Titles Schemes Management Act, […]
How Is a Home Owner’s Association Protected When an Owner Sells Their Property?
Disputes often arise in Home Owner’s Associations (HOA’s)/Estates across South Africa between the Directors of the Homeowner’s Association and Sellers and Purchasers of property in the Estate. When assessing such disputes, one must look into the legal rights and obligations of the HOA and of the Seller and the Purchaser. Most often, the sources of […]
Can the Managing Agent Now Be the Information Officer?
Meeting Between the Community Scheme Ombud Service (CSOS) and the Executive Team of the Information Regulator (IR) We recently communicated with you as to whether the Managing Agent could or couldn’t be the Information Officer (IO) of a scheme, in respect of the Protection of Personal Information Act (POPIA) and the Promotion of Awareness of […]
What Rights Does the Tenant Have When a Landlord is Selling a Property?
According to South African legislation, a landlord may sell their property at any time. Often tenants are left feeling uncertain about how this will affect them, can they stay, or do they have to leave the property? Nonetheless, certain rights and obligations remain in place for both landlords and tenants. As a landlord, it is […]
What Is Voluntary Sequestration?
If you have a substantial amount of unpaid debt and find yourself struggling to make ends meet, it is worthwhile to consider voluntary sequestration (or voluntary surrender). In doing so, you can substantially lower your debt repayment, and take back control of your finances. In this article, we will be discussing a few of the […]