KVV Inc. Attorneys

Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions

KVV Inc Attorneys

Published on: 04/03/2025

A recent South African High Court case highlighted the balance between a property owner's right to privacy and a body corporate's right to access for maintenance. A unit owner refused access for leak detection, forcing the body corporate to seek a court order. The court upheld the body corporate's right to access, validating informal trustee resolutions and emphasizing the importance of using the Community Schemes Ombud Service (CSOS) before approaching the High Court. The owner was liable for leak detection and legal costs.

Property

Bodies Corporate: Before You Sequestrate to Recover Arrears…

KVV Inc Attorneys

Published on: 04/03/2025

Sequestrating a debtor, like a sectional title owner, to recover arrear levies can backfire. While tempting, the Body Corporate, as the petitioning creditor, risks bearing the full cost of sequestration if the insolvent estate lacks funds. Even if levies are paid before property transfer, as legally required, this doesn't absolve the Body Corporate's responsibility for potential shortfalls. Secured creditors, like banks, can often protect themselves from these costs.

Debt recovery

Can I have pets in a residential complex?

KVV Inc Attorneys

Published on: 04/03/2025

Before buying, check the complex's rules on pets. Sectional titles often have restrictions, sometimes even banning certain animals. Homeowners Associations also have pet rules, though they may be more lenient. Disputes can arise, but the Community Schemes Ombud Service offers resolution options.

Property Law

Lockdown! Nuisance Neighbours and How to Handle Them

KVV Inc Attorneys

Published on: 04/03/2025

Good fences make good neighbors, but good neighbors make good fences unnecessary. During restricted movement, neighborly tensions rise. Resolve disputes through negotiation, understanding your legal rights first. Mediation and arbitration are helpful alternatives before resorting to legal action. Nuisance law balances property rights with "live and let live," considering factors like noise, trees, and other interferences.

Litigation

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships, Driving Results.

KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.

Fostering Partnerships,

Driving Results.