Article written by Blake Liam Hamilton, Candidate Attorney, checked and released by Lisa Schmidt, Senior Associate at Schindlers Attorneys 06 September 2021 INTRODUCTION Clients often attend at an attorney’s office, seeking legal advice in respect to default judgments obtained against them, without their knowledge. In this regard it must be noted that judgments are frequently
Article was written by Dean Scher, Candidate Attorney, checked by Lisa Schmidt, Senior Associate at Schindlers Attorneys 29 June 2021 The Sectional Title Schemes Management Act (“STSMA”) requires that a sectional title scheme (“Scheme”) shall, from the date of establishment of the body corporate, be regulated and managed by means of rules1. Section 10(2) states
Article written by Stefano de Gouveia, Candidate Attorney, checked by Lisa Schmidt, Associate and release by Keane Roberston, Partner at Schindler Attorneys 24 May 2021 IntroductionWater leaks and damage caused by water are common occurrences in sectional title schemes. This article discusses common water leak issues that arise in sectional title schemes and examines liability
By Lisa Schmidt, Assosiate, Kyle Venter, Candidate Attorney, and Marc Gevers, Candidate Attorney INTRODUCTION Amidst the uncertainty faced during the Covid-19 pandemic, a question that is often asked by homeowners within sectional title schemes is whether or not levies, which are ordinarily payable, will still be payable. WHAT ARE LEVIES?[1] Firstly, it is necessary to
By Lisa Schmidt (Associate), Lauren Squier (Associate), and Marc Gevers (Candidate Attorney) Introduction This article briefly looks at some of the fundamental duties and roles of both Trustees and Managing Agents in respect of sectional title schemes. Important concepts In order to understand the general concepts of this article, it is necessary to establish the
Case summary written by Sean Buskin and checked by Danmari Duguid 22 October 2020 Background In this matter, the Standard Bank of South Africa Limited (“the Applicant”) launched an application in terms of Rule 4(2) of the Uniform Rules of Court, requesting substituted service of a notice in terms of section 129(1)(a) of the National


By Lisa Schmidt (Associate), Kirsten Chetty (Associate) andWade Jacobs (Candidate Attorney) Taking legal action: initiating process Recovering outstanding amounts can be done effectively through various debt collection mechanisms. Drafting and dispatching a letter of demand has become a prerequisite to any debt collection proceeding. A letter of demand not only sets out the basis of
By Chantelle Gladwin-Wood (Partner), Lisa Schmidt (Associate) and Lindokuhle Mashilo (Candidate Attorney) Introduction Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause exists, a determination would have to be made as to whether the parties should or could approach
By Lisa Schmidt (Associate) and Ayanda David Katjitae (Associate)    Introduction  In this article we will discuss how the provisions of the Financial Intelligence Centre Act No. 38 of 2001 as amended (“FICA”), Property Practitioners Act 22 of 2019 (“PPA”) and the Rental Housing Amendment Act 35 of 2014 (“Rental Housing Act”) apply to: lease/sale

Body Corporates Loans

By Chantelle Gladwin-Wood, Partner; Lisa Schmidt, Associate andAyanda David Katjitae, Associate Introduction Many owners living in sectional title schemes fail to pay their levies on time or at all in terms of their management contracts.  Management contracts (which are contracts that deal with the obligations and duties of the managing agent as prescribed by the