Legal Stuff
By Marlon on Wednesday, February 1, 2012
Landlords ignore the Consumer Protection Act at their own peril
The Consumer Protection Act has far-reaching implications for the landlord-tenant relationship, contrary to the views expressed by some commentators.
Strangely, some commentators have questioned whether the Consumer Protection Act even applies to leases. As a general rule, it certainly does, and only in rare cases will the [...]
By Marlon on Monday, September 5, 2011
A non-paying tenant simply messes things up don’t they?
You buy a property, after making a commercial decision as to its viability, yield etc
You rely on the monthly rental to gear yourself and to allow you to bask in the glory of the eventual post bond annuity income and the concomitant “capital appreciation”, to allow you [...]
By bauerm on Saturday, April 9, 2011
Trustees of body corporates serving sectional title schemes, especially those who have just been elected and are new to the position, are often not aware that the Prescribed Management Rules governing sectional title schemes lay it down that at the first trustee meeting following the Annual General Meeting the trustees must investigate and decide on the insurance policy for the year ahead and this must be ‘adequate’ to meet the scheme’s full needs.
By bauerm on Saturday, April 9, 2011
Michael Bauer, the sectional title expert and the general manager of the sectional title management company IHFM, said recently that previously the Sectional Title Act specified that any items inside the median line drawn through the middle of the unit’s outer walls was the full responsibility of the owner, while any items outside that line was the full responsibility of the body corporate. If it was placed on the median line the responsibility was shared. Window frames, said Bauer, can be either on the median line, inside it or outside it – “which of course means that the whole matter of their maintenance was bound to lead to controversy”.
By bauerm on Saturday, April 9, 2011
The Sectional Titles Act recognises that the trustees of sectional title bodies corporate, unlike the directors of independent companies, are unpaid volunteers and may lack the full experience required for their positions. For this reason it indemnifies trustees against prosecution for what are clearly errors but still retains its full powers should they try to defraud the scheme or act with gross negligence.
By bauerm on Monday, May 24, 2010
Although a fairly high percentage of sectional title schemes in South Africa are poorly run and even heading for big debt and maintenance problems, there is, says Michael Bauer, General Manager of IHFM, which specialises in sectional title management, a marked reluctance among sectional title property owners to attend the all-important Annual General Meetings at which difficult matters can be sorted out.
