Who Should be Opening Body CorporateElectricity and Water Accounts? TheDeveloper or the Body Corporate – Part 1
Tuesday, 23 June 2020
By Chantelle Gladwin, Partner and Maike Gohl, Partner Introduction When auditing Body Corporate municipal accounts, Schindlers often discovers that the account is still in the name of the developer. Legally, this is incorrect, and it can cause
- Published in 2020, community Schemes, COVID-19, News
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To Cut or Not To Cut: The Million Dollar Question
Tuesday, 23 June 2020
By Chantelle Gladwin, Partner and Maike Gohl, Partner Introduction Imagine that you own a building that you rent out. Imagine it is highjacked and the best lawyers in the country tell you it will take at least
- Published in 2020, community Schemes, COVID-19, News
Lamesa Investments Ltd v Cynergy Bank Ltd [2019] EWHC 1877 (Comm)
Monday, 22 June 2020
By Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which Lamesa Investments Limited, a company registered in accordance with
- Published in 2020, community Schemes, COVID-19, News
A Landlord’s Guide to Rental Recovery and Security: Part 1
Monday, 22 June 2020
By Anja Van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction The chances of any landlord or tenant coming out of the COVID pandemic unscathed are very low. Now, more than ever, the chances of a landlord being placed in the same position as if the breach had never occurred by way of the recovery
- Published in 2020, community Schemes, COVID-19, News
Body Corporates Loans
Thursday, 18 June 2020
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
- Published in 2020, community Schemes, COVID-19, News
Lockdown Level 3: Sectional Title Schemes and Homeowners Associations
Wednesday, 17 June 2020
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
- Published in 2020, community Schemes, COVID-19, News
Protection Orders: Overview and Procedure
Wednesday, 10 June 2020
By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction The purpose of this article is to provide the reader with a basic overview and understanding of the remedies against domestic violence and harassment. On 13 May 2020, President Cyril Ramaphosa noted during his address to the nation that, during the period of the National
- Published in 2020, community Schemes, COVID-19, News
DH Construction Technologies CC v Chad Construction (45546/17) [2020] ZAGPPHC 40
Friday, 05 June 2020
By Snazo Tuswa and checked by Jordan Dias Background The matter is premised on the provisions of section 345(a)(i) of the repealed Companies Act 61 of 1973 (“the Act”), which provides that a company will be deemed to be unable to pay its debts if the creditor of said company has served a demand
- Published in 2020, community Schemes, COVID-19, News
Diener N.O v Minister of Justice and Others: The Risks Facedby Business Rescue Practitioners
Thursday, 04 June 2020
By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The Supreme Court of Appeal (“SCA”) judgment of Diener N.O. v Minister of Justice and Others (926/2016) [2017] ZASCA 180 has significant implications for business rescue practitioners (“BRPs”) when applying for the conversion of a business rescue into a liquidation. Background Mr Ludwig Diener
- Published in 2020, community Schemes, COVID-19, News
City of Johannesburg’s Expanded Social Packages
Thursday, 04 June 2020
By Marc Barros Gevers, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction The City of Johannesburg (“The City”) has a number of financial assistance measures in place for its consumers. Each of these measures has their own specific requirements that a consumer would have to meet in order to qualify. Examples include the Pensioners’ Rebate and
- Published in 2020, community Schemes, COVID-19, News