Property & Conveyancing
The judgment in Kingshaven Homeowners Association v Botha And Others (6220/2019) (2020) ZAWCHC 92 raised a few interesting points which require a brief analysis for the benefit of Body Corporates and owners in community living schemes.
In this case the Homeowners Association (HOA) had referred a dispute to the CSOS against the Respondent who usually parked in visitor parking bays against the conduct rules.
The CSOS ruled that it had no jurisdiction to rule on parking bays as per the CSOS Act, and in passing also remarked that the HOA does not have jurisdiction over the visitor’s parking bays either.
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Before the coming into force of the Sectional Titles Schemes Management Act (8 of 2011) and the Community Schemes Ombud Services Act (9 of 2011), disputes involving owners and Body Corporates were adjudicated upon by the Courts.
SPLUMA came into operation on 1 July 2015 with the purpose being to develop frameworks that regulate planning authorisations and promote consistency with regards to land development under a municipality’s jurisdiction.
While stand alone properties normally present no shared responsibilities apart from the owner with regards to its affairs, sectional title schemes do come with a division of responsibilities amongst the tenants and/or owners, and the body corporate.
Part of the process of selling a house involves the availing and consideration of certificates that validate the compliance of the property that is being sold. These certificates relate to water, electrical, gas and electric fence which are required by law.
Historically, provinces had their own laws to regulate land use and development in South Africa. However, in pursuit of harmonising these under each municipality to achieve economic growth, efficient use and development of land, reservation of environmental and natural resources, the Spatial Planning and Land Use Management Act was promulgated.
In the conclusion of property sale agreements, parties commonly include a condition or more that must be fulfilled in order for the agreement to come into effect. These are known as suspensive conditions at law, being future events upon which the coming into force of the agreement will be dependent upon.
In areas where the tap water supplies are erratic or more expensive in larger quantities (industrial/irrigation uses), boreholes have provided a convenient way for water supply. Howveer, it's important to understand the regulations involved with drilling a borehole.
Due to the diverse administrative requirements of various local government authorities, such regulations vary from one municipality to the other. However they are all targeted at the exploitation of underground water resources in a sustainable, safe and controlled manner.
It happens most often that some properties are transferred and sold from a deceased estate, with the purchaser having to transact with the heir or the executor of the deceased estate. In other instances, there is no sale involved, but that the property must be transferred from the deceased estate to the heir who is entitled to inherit such property.
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