Property Poser

Suretyship makes CC members liable

1 February, 2012 By Alan Leave a Comment

This week the Property Poser panel deals with an issue where the defaulting tenant of a rental property is not a natural person but a close corporation (CC). The reader asks how a landlord can hold a tenant liable for a breach of contract when the tenant is a CC with only one member. In this instance, the contract has been cancelled and the tenant evicted. Unfortunately, no sureties were provided in terms of the rental agreement. As a result, the reader would like to know whether the … [Read more...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawsons, schalk van der merwe, suretyship

Previous: Levies Divide Homeowners Association Owners

Levies Divide Homeowners Association Owners

25 January, 2012 By Alan Leave a Comment

This week, a reader confronts the Property Poser panel with a rather complex issue regarding levy payments in a freehold estate. He owns a property in such a development, which is managed by a homeowners' association (HOA). When the estate was developed, he says, it was decided that there would be 25 separate plots and that the levy would be shared equally among the owners. A few owners, however, purchased double plots and built only one property per combined erf. Effectively, the … [Read more...]

Filed Under: Property Poser Tagged With: homeowners association, lucille geldenhuys, schalk van der mwerwe

Previous: Early cancellation leads to lease disagreement

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Early cancellation leads to lease disagreement

19 January, 2012 By Alan Leave a Comment

This week's scenario presented to our Property Poser panel relates to the early cancellation of a lease by a landlady. The tenant recently received a call from the person in question, who requested that she vacate the property as soon as possible to accommodate her daughter who was unexpectedly returning from overseas. During the conversation the landlady, who realised that she was terminating the lease before the end of the term, offered to waive the last month's rental. The reader was … [Read more...]

Filed Under: Property Poser Tagged With: lease cancellation, lucille geldenhuys, schalk van der merwe

Previous: Divorcee wants split from accrual system

Next: Levies Divide Homeowners Association Owners

Divorcee wants split from accrual system

11 January, 2012 By Alan Leave a Comment

This week Property Poser's panel considers the implications of being married out of community of property with the accrual system. A reader tells us that she is married in terms of this regime and that the split of the accrual is 25/75 in her husband's favour. It appears that one of the biggest assets in the estate is a property valued at approximately R3 million, registered in her husband's name. In the event of a divorce, she would like to know whether she could negotiate to keep the … [Read more...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawson, schalk van der merwe, stellenbosch

Previous: Executor of deceased estate a dead loss

Next: Early cancellation leads to lease disagreement

Executor of deceased estate a dead loss

15 December, 2011 By Alan Leave a Comment

This week the panel examines the role of the executor in a deceased estate following a query from an aggrieved beneficiary who considers one such incumbent a dead loss. The reader explains that a family member was appointed as executor but that she and fellow beneficiaries have been unhappy with his administration of the estate thus far. She would like to know whether he can be removed from his position and replaced. Furthermore, the reader would like to know whether she can insist on a … [Read more...]

Filed Under: Property Poser Tagged With: estate, executor, lucille geldenhuys, schalk van der merwe

Previous: Close corporation divides family

Next: Divorcee wants split from accrual system

Close corporation divides family

8 December, 2011 By Alan Leave a Comment

This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband has recently passed away. Unfortunately, his wife and one of their children took it upon themselves to go to the property, empty it out and arrange for a long-term tenant to take occupation. According to the reader, this was not agreed upon or consented to by the other members of the … [Read more...]

Filed Under: Property Poser Tagged With: close corporation, helderberg, lucille geldenhuys, schalk van der mwerwe, stellenbosch

Previous: Laying blame at owner’s door

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Laying blame at owner’s door

30 November, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: helderberg, lucille geldenhuys, schalk van der merwe, sectional title, stellenbosch

Previous: In suspense over sale conditions

Next: Close corporation divides family

In suspense over sale conditions

23 November, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawson properties, schalk van der merwe, stellenbosch

Previous: Splitting the marital bond

Next: Laying blame at owner’s door

Splitting the marital bond

16 November, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: helderberg, lucille geldenhuys, rawson properties, schalk van der mwerwe, stellenbosch

Previous: Buyers must know complex rules

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Buyers must know complex rules

10 November, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawson properties, schalk van der merwe, stellenbosch

Previous: Capital gains taxing on seller

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Capital gains taxing on seller

2 November, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: capital gains, helderberg, lucille geldenhuys, rawson properties, schalk van der merwe, stellenbosch

Previous: Fixing a shaky chair

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Fixing a shaky chair

27 October, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawson properties, schalk van der merwe

Previous: Till debt us do part

Next: Capital gains taxing on seller

Till debt us do part

19 October, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, schalk van der mwerwe

Previous: Agent lets owner down

Next: Fixing a shaky chair

Agent lets owner down

12 October, 2011 By Alan Leave a Comment

One of our readers is unhappy with both a recent tenant of her property and the letting agent who initially secured and handled the tenant. It appears that the agent introduced the candidate and assured the reader that she was suitable and that all credit checks had been properly performed. The reader was satisfied with this and signed the lease agreement. At first everything went smoothly. The rental was paid on time and the reader had no other issues with the tenant. However, from the … [Read more...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, rawson properties, schalk van der merwe

Previous: Common ground for special levies

Next: Till debt us do part

Common ground for special levies

5 October, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: lucille geldenhuys, schalk van der merwe

Previous: Dead end in estate transfer

Next: Agent lets owner down

Dead end in estate transfer

28 September, 2011 By Alan Leave a Comment

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...]

Filed Under: Property Poser Tagged With: helderberg, lucille geldenhuys, rawson properties, schalk van der merwe, stellenbosch

Previous: Paving the way for common problems

Next: Common ground for special levies