This week the experts assist two readers with queries relating to a homeowners' association (HOA). … [Read more...]
Search Results for: Developer
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Buying life rights to retirement unit
A reader who owns a unit in a retirement village has questioned the Property Poser panel about the legalities surrounding the sale of life rights, specifically with regard to usus and habitatio. He is currently renting the unit out but an elderly couple has approached him with an offer to purchase the right of occupation. The reader says the husband and wife are both in their eighties … [Read more...]
Buyer laments leaking roof
This week a first-time home buyer tells our Property Poser experts that, shortly after moving into the house, it rained and he discovered that the roof leaks. The reader says he climbed onto the roof and, upon inspection, found that not only was it in a very poor condition but had been repaired and patched all over. Prior to selling, the previous owner had mentioned that she had experienced … [Read more...]
Putting a ceiling on defects
The Property Poser panel often receives queries relating to the discovery of defects during the course of a property sale or shortly thereafter. This week a buyer tells us that the transfer of his property is still in progress but substantial leaks in the roof have been discovered. When the reader reported it, the estate agent obtained quotations for the repairs and a claim was instituted … [Read more...]
Mismanagement in complexes
Our experts have been called on once again to deal with mismanagement problems in a sectional title complex. One of our readers is a trustee for the complex in which he lives. He complains that he is always outvoted on matters he feels are important and in line with his vision for the complex. He claims that the complex is not being properly maintained and that the gardens are not being kept … [Read more...]
Common property a general problem
This week our panel of experts ventures into the murky waters of common property versus exclusive use areas in a sectional title complex. A reader writes that he previously owned a unit with an open parking area and obtained written consent to enclose the area. He later sold this unit and moved to another one in the same complex. The exclusive use of the parking area was included in the sale … [Read more...]
Freehold rules a grey area
Our panel has received an e-mail from a reader who has recently moved into a freehold complex where the "house rules" are somewhat of a grey area. She finds no reference to a Homeowners' Association in the Deed of Sale and says she has no access to the property's title deed. Brian Kinnear, principal of Fresh Lifestyle Properties in East London, says a Homeowners' Association is often imposed … [Read more...]
Owners protected by the NHBRC
The question posed to our panel this week centres on cracks in a tiled floor of a unit in a sectional title complex. The reader, who purchased the unit from the developer about five years ago, says the cracks that have appeared are so wide that one can see right through them. His question is whether he, as the owner, the body corporate or the developer is responsible for the … [Read more...]
Pets cannot be excluded retrospectively
A reader, whose permission to own a pet in a sectional title complex has been overturned, has approached our panel of experts. He writes that he moved into the complex three years ago with permission from the developers to bring along pets. At the first meeting of the body corporate, permission was granted to tenants in general to keep pets within the complex, provided they remained in a … [Read more...]
Recourse against noisy neighbour
Our panel has received an e-mail from a frustrated reader who has been experiencing endless problems with a noisy neighbour in the security complex in which she resides. She has also attached an extract of the conduct rules applicable to her complex. In her letter, she states that she has taken the issue up with the chairman of the body corporate, but no action appears to have been taken … [Read more...]
Recourse against noisy neighbour
Our panel has received an e-mail from a frustrated reader who has been experiencing endless problems with a noisy neighbour in the security complex in which she resides. She has also attached an extract of the conduct rules applicable to her complex. In her letter, she states that she has taken the issue up with the chairman of the body corporate, but no action appears to have been taken … [Read more...]
Topless sunbather upsets resident with children
This week’s question relates to a topless sunbather at a townhouse complex’s communal swimming pool. Our reader recently accompanied her son, aged eight, and his friend, nine, to the pool, only to encounter the scantily clad lady. She says there are many families with young children in the complex and she feels this is inappropriate behaviour. The reader wants to know what the law says … [Read more...]
Complex rules should not infringe on ownership rights
After a recent break-in our reader, who lives in a townhouse complex, was threatened with a fine by the chairman of the board of trustees, because her windows are permanently open. He told her that open windows were a safety risk as they served as an invitation to burglars. Our reader says the burglars did not obtain entry through an open window and that all of her windows are fitted with … [Read more...]
Body corporate could cut into your profits
Could he be held liable for paying five percent of the nett profits towards the body corporate when he sells his townhouse? This is what our reader - who says he was only made aware of the existence of an endowment clause to this effect after purchasing the property - would like to know. His unit is currently on the market and our panel of experts advises him on his rights. All sectional … [Read more...]
New development delays and buyers’ options
A reader has asked our panel of experts for advice about an off-plan property she had bought that took two years longer to complete than the original date conveyed to her. The development was meant to be finished in December 2005. The reader sold the property in 2006, but the sale could not go through until she had received transfer. When the building was finally completed in November 2007, … [Read more...]
When sectional title rules and schemes are applicable
A reader has approached our panel of experts with several questions about sectional title developments. The property the reader's queries relate to has six individual homes sharing a common boundary wall and driveway. Although the municipality refuses to open an account in the development's name, the developer has left the owners with sectional title rules and he wants to know which of them are … [Read more...]
Becoming upwardly mobile in the property market
YourProperty Poser has received an interesting question from a reader who would like to buy property in a more upmarket area, but is concerned that her limited income could make it impossible to achieve this dream. Our property expert says one of the major contributing factors that affect the affordability of property, is people's state of debt. All forms of credit, including clothing accounts, … [Read more...]
