Lockdown Level 3: Sectional Title Schemes and Homeowners Associations

By Lisa Schmidt, Associate and Ayanda David Katjitae, Associate Introduction This article will address the implications of level 3 lockdown regulations in sectional title schemes and homeowners’ associations (“community schemes”). Movement Within Community Schemes During level 5 and 4 of lockdown, owners and tenants living in sectional title schemes were required to remain within their
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NOTICE TO ALL SECTIONAL TITLE SCHEMES AND HOME OWNERS ASSOCIATIONS OWNERS AND/OR TENANTS

In Re: Understanding Lockdown Stage 4 Implications Within Sectional Title Schemes and Home owners Associations By Lisa Schmidt, Associate; Lauren Squier, Associate Designate and Ayanda David Katjitae, Associate    Introduction As announced by President Cyril Ramaphosa on Thursday evening (23 April), the country is now in a graded alert level system and phased approach to
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The legal requirements for the lawful use of electronic signatures

By Kyle Venter, Candidate Attorney, Dingumuzi Ndhlovu, Associate and Lisa Schmidt, Associate Introduction  This article seeks to examine the legal requirements for the lawful use of electronic signatures. It will focus on the use of electronic signatures in the legal industry. 1. Why a focus on the Legal Industry? Unlike most industries that have embraced
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NOTICE TO ALL SECTIONAL TITLE SCHEMES AND HOMEOWNERS ASSOCIATIONS OWNERS AND/OR TENANTS

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Smoking in Sectional Title Schemes and Other Community Schemes

By Lisa Schmidt- Associate and Marc Gevers – Candidate Attorney INTRODUCTION The Corona virus (“COVID-19” or “the virus”) outbreak has changed many facets of our lives. In terms of Regulation 11B to the Disaster Management Act 57 of 2002 (“the Regulations”), from midnight on Thursday 26 March 2020 until Midnight on 16 April 2020, a
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Generators and Noise Pollution – Common Property Generators in Sectional Title Schemes

The authors are: Lisa Schmidt and Ayanda David Katjitae Introduction  Load shedding is an inconvenience that all businesses and individuals across South Africa experience. Many members living within sectional title schemes (“schemes”) have increasingly chosen to circumvent this inconvenience by opting to install generators to continue the enjoyed use of electricity.  However, generators are costly
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The National Lockdown and Estate Living

President Cyril Ramaphosa’s address of the nation on 23 March 2020 and announcement of a 21-day nationwide lockdown have sparked debate around the intricacies of such a lockdown, especially as to the strictness with which same would be implemented. One of the questions which forms the subject of this debate relates to whether residents of
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Measures to be Implemented in Community Schemes during Lockdown

By Lisa Schmidt, Associate and Lauren Squier, Associate Designate Introduction The period of lockdown presently being experienced by South Africans in response to the COVID-19 pandemic has resulted in much confusion and alarm, not least of which amongst members and occupants of sectional title schemes. Many members of society are unsure or unaware of what
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COULD AIRBNB’S BECOME A THING OF THE PAST IN SOUTH AFRICA?

INTRODUCTION Why is the South African tourism industry up in arms about the latest craze to hit our shores since Uber? Well this article, seeks to explore and answer this   question. Hospitality groups are placing pressure on government to implement laws legislating Airbnbs’ and enforce stricter rules on persons involved in running Airbnbs’. This has
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Moleko v Minister of Police and Another (32378/2016) [2019] ZAGPPHC 355 (5 August 2019)

SUMMARY This case deals with an arrest made in terms of Section 40 (1)(b) of the Criminal Procedure Act (“CPA”), namely an arrest made by a peace officer without a warrant where such an officer is under the reasonable suspicion that the accused may have committed an offence referred to in Schedule 1:   Facts
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