The question posed to our panel this week deals with the age-old issue of latent and patent defects. Upon moving into his newly acquired house, our reader discovered that there were several defects that were possibly hidden by the seller. The reader says he had asked specific questions regarding dampness upon his initial inspection, all of which were answered in the negative by the seller. However, after moving in, he discovered dampness behind the fridge and washing machine as well as … [Read more...]

A reader has posed an interesting question, relating to the transfer of a property at the owner's death, to our panel of experts. Her parents owned a property and when her father passed away it was never transferred to her mother, the legal heir. She apparently could not afford the transfer fees. Even though it was not formally transferred into her name, the reader's elderly mother has now drafted a will in which she nominates the person that will next inherit the property. The reader … [Read more...]

This week's reader question is from a pensioner who had to let her unit in a sectional title complex to overseas visitors for a period of eight weeks to supplement her income. She says this not only helped her to make ends meet, but also gave her the necessary funds to maintain the unit. The reader has unfortunately now been informed by the body corporate that the conduct rules provide that units may not be let for a period of less than three months. She wants to know what her rights … [Read more...]

This week's question posed to our panel of experts is from a reader who intends to purchase fixed property with a friend. He wants to know how they can protect themselves by way of regulating their relationship in this transaction. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says there are various aspects to be considered by the two potential buyers. "The relationship between them can be merely a partnership, which does not have to be reduced to writing to … [Read more...]

Our panel has received a lengthy question from a reader regarding the sale of a property where the rights of several creditors come into question. The reader landed in financial difficulty after trying to assist a family member with his debts and, in the process, fell behind with his own bond repayments. He also has various other creditors knocking on his door. He decided to sell the house in order to pay his creditors. A buyer - who had no knowledge of the outstanding debts - appeared on … [Read more...]

This week's reader question comes from a pensioner who owns two apartments, one of which he has decided to let out during and after the 2010 Fifa World Cup. He lives in one and therefore regards it as his primary residence. It further appears that he has chosen to move into the other apartment and to let out the one which has served as his primary residence until now. The reader says he has already received a deposit in respect of the rental (in December last year) and will receive further … [Read more...]

The question posed to our panel this week revolves around the issue of the liability to maintain the various areas that a sectional title complex consist of. Our reader states that he understands the maintenance in respect of the outside area of the complex to be the responsibility of the body corporate. He specifically raises the issue of ants infesting the paving in respect of the patio and pathway of his unit and wants to know what the position will be should they come into his unit and … [Read more...]

A concerned reader has contacted our panel to find out more about the duties and responsibilities of the trustees of a body corporate. More specifically, she wants to know how meetings of the trustees should be documented. In her experience, the minutes are not necessarily a true reflection of what was actually discussed. She would further like to know to whom these minutes should be distributed. Her concerns also turn to the role of the chairperson of the trustees and specifically what … [Read more...]

The scenario presented to our panel of experts this week relates to a tenant who has not paid rental for some time. Our reader, the landlord, has given him some breathing space, but has now put the tenant on terms and insisted that he pays at the end of the month. The question he now asks is what happens if the tenant still does not pay. Can our reader demand that he moves out immediately because he is in breach of the lease agreement? Schalk van der Merwe from Rawson Properties … [Read more...]

A reader has asked several interesting questions relating to the voting rights of owners in a sectional title complex. It appears that an annual general meeting was convened and that the managing agent of the complex held that certain owners who attended this meeting were not entitled to vote. Schalk van der Merwe from Rawson Properties Helderberg says the managing agent can be seen as a delegate of the body corporate, or body of owners. "Once appointed, such agent assumes many … [Read more...]

Our experts have received a question from a couple who had purchased a plot some four years ago. Having decided to build on the plot in stages, they requested a quotation from their neighbours – who happen to be builders – for a foundation and one room with a bathroom. A price was agreed on, the amount was paid and the work comleted. The couple also enquired as to a price for a three-bedroom, timber-frame house, but no deal was struck in respect thereof. Some two years passed and … [Read more...]

Our panel of experts has received a letter from a reader who is very concerned about the actions of the chairperson of the trustees of the body corporate in her sectional title complex. This chairperson has taken independent financial decisions relating to certain suppliers of services in respect of the complex, notwithstanding the proper decision-making process having been followed. Usually, says Schalk van der Merwe from Rawson Properties Helderberg, the trustees of a body corporate … [Read more...]

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 against the culprit. Schalk van der Merwe from Rawson Properties Helderberg says the extract … [Read more...]

A reader, who bought a house with her partner, finds herself in a predicament as a result of the relationship having broken down. Her former partner now wishes for her to take full ownership of the property. Lucille Geldenhuysenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says there are various aspects the reader has to consider when making a decision regarding this problem. "One must first look at how she will acquire full ownership. There has to be an underlying … [Read more...]

A couple, who purchased a property without a boundary wall, wants to know if the previous owner can be forced to erect one if he has verbally agreed to do so. Nothing has come of his promise and they are now building the wall themselves, but want to know whether they have any recourse. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says in order to comply with the provisions of section 2(1) of the Alienation of Land Act 68 of 1981, the whole contract of sale of … [Read more...]

One of our readers finds herself in the midst of a dispute with her landlord regarding alleged arrear rental. She says she has signed a written agreement whereby she agreed to pay R3 200 per month. An equal amount was provided as a deposit. The reader says she has made her payments regularly, and on time, for a year before the landlord's letting agent informed her that the actual amount was R3 300 and that she was therefore in arrears. The landlord is also threatening to use the deposit … [Read more...]