Legal Insights and Updates

TL;DR If you fall behind on your sectional title levies, your body corporate has legal rights to recover the debt, even by selling your property. The process involves formal demands, court applications, and ultimately, a sheriff-led auction under Section 66 of the Magistrates’ Courts Act . However, there are opportunities to avoid this outcome through negotiation, payment plans, or legal intervention. Always act quickly to protect your ownership rights and prevent escalating

TL;DR Many sectional title owners confuse special levies and reserve fund contributions, but they serve very different purposes. Special levies are once-off, urgent charges for unforeseen or non-budgeted expenses. Reserve fund contributions are ongoing payments that build savings for future maintenance and repairs. Both are governed by the Sectional Titles Schemes Management Act ( STSMA ), but differ in when, why, and how they are raised. Understanding these distinctions help

TL;DR In South Africa, the seller is responsible for paying for the levy clearance certificate when transferring a property . This certificate confirms that all levies, interest, and related charges are fully paid, ensuring the property can legally transfer without any financial liabilities for the new owner. Costs may include arrears, interest, legal fees, and advance contributions, and must be settled before the certificate is issued. The purchaser only contributes if expli

TL;DR The process of collecting outstanding levies in South Africa starts with clear billing and reminder notices, often including interest on late payments. If owners still fail to pay, estates can escalate by issuing a Letter of Demand, followed by court proceedings (summons, judgment, and possible property attachment) or applying through the Community Schemes Ombud Service ( CSOS ) for adjudication. All legal costs are recoverable from the defaulting owner, making early an

TL;DR Always keep levy statements accurate, clear, and supported by documentation. Ensure governing documents (management rules, conduct rules) are updated and compliant. Communicate levy increases and charges in writing to all owners. Maintain full proof of expenses and resolutions authorising levies. Partner with a levy collections attorney to handle disputes efficiently. Why Levy Charge Disputes Can Harm Estates Levy contributions are essential for covering maintenance, s

In South African legal practice, the concept of domicilium citandi et executandi plays a crucial role in ensuring efficient communication...

In South Africa’s legal system, the way a summons is served is a critical first step in any court process. If the summons is not served properly, the entire case could be delayed or even dismissed. This raises a crucial question: how must a summons be served in South Africa to comply with legal standards? At Jonker Vorster Attorneys , we guide you through the correct service of a summons so that your legal matter proceeds smoothly and lawfully. What is a Summons? A summons is

In South Africa, contracts are fundamental to both personal and commercial transactions. Understanding the requirements for a valid contract is essential to ensure that agreements are legally enforceable and protect the interests of all parties involved. This guide outlines the key elements that constitute a valid contract under South African law.​ Core Requirements for a Valid Contract in South Africa 1. Consensus (Agreement) A valid contract requires a "meeting of the minds

Buying or selling a property in South Africa involves a complex legal process , and one of the most important steps in this journey is lodgement at the Deeds Office. Many clients ask, " How long does registration take after lodgement? " The short answer is: typically between 7 to 10 working days, but this timeline can vary depending on a range of factors. In this blog, Jonker Vorster Attorneys unpacks the post-lodgement process, expected timelines, and what you can do to avo

In South Africa, body corporate rules are essential for maintaining harmony and protecting the rights of property owners and residents in sectional title schemes. These rules form the backbone of a well-functioning community and ensure that all stakeholders, owners, tenants, trustees, and managing agents understand their roles and responsibilities. In this guide, Jonker Vorster Attorneys explores the nature, types, and enforcement of body corporate rules in South Africa, ba

Receiving a summons for debt can be a stressful and confusing experience. In South Africa, thousands of people are served with court documents for unpaid debts every year. If you're one of them, don’t panic, you have options. This blog explains what to do when you get summons for debt in South Africa, your rights, and the legal steps you should follow to protect yourself. What Is a Summons for Debt? A summons is an official legal document issued by a court, informing you tha

Understanding Proof of Residence in South Africa Proof of residence is an essential document required for various legal, financial, and administrative purposes in South Africa. Whether opening a bank account, registering for municipal services, or complying with FICA (Financial Intelligence Centre Act) regulations, individuals must provide valid proof of their physical address. This article explores acceptable proof of residence documents in South Africa for 2025, ensuring y

Understanding Lease Cancellation in South Africa Leases establish clear agreements between landlords and tenants, outlining the rights and responsibilities of both parties. However, there are instances where a landlord may need to terminate a lease agreement before its expiration. South African rental laws  provide strict guidelines to ensure that lease cancellations are fair and legally enforceable. This guide explores the circumstances under which a landlord can cancel a l

Understanding Tenant Rights Without a Lease Agreement Many tenants in South Africa occupy properties without a formal lease agreement. While this situation can create uncertainty, the law still protects tenant rights under the Rental Housing Act  and Consumer Protection Act . Understanding these rights is crucial for both tenants and landlords to navigate rental disputes and avoid legal conflicts. How Long Can a Tenant Stay Without Paying Rent? A tenant cannot be evicted with

If you live in a sectional title scheme  in South Africa, you are required to pay levies to the body corporate that manages the property. However, many property owners and tenants are unsure about what exactly levies cover, particularly whether water and electricity are included. In this article, we will clarify: What sectional title levies cover. Whether water and electricity are included in levies. The difference between levies, rates, and utility bills. FAQs about levies a

Understanding Tenant Rights in South Africa Eviction is a stressful and often overwhelming experience, especially when a tenant has nowhere to go. However, South African law provides legal protections to tenants, ensuring that landlords follow the correct procedures before removing a tenant from a property. This blog explores the rights of tenants, the legal eviction process, and what options are available if you are facing eviction with no alternative accommodation. Is It L

Removing a director from a company is a significant legal action that must be handled carefully to comply with South African corporate law. The Companies Act 71 of 2008  outlines the process, ensuring fairness to both the company and the director being removed. In this article, we will explore the legal framework, valid reasons for removal, and the step-by-step process for removing a director from a company in South Africa. Understanding Director Removal in South Africa A dir

Purchasing a property is a significant investment, but buying a house with existing tenants adds another layer of legal and financial considerations. Whether you're a property investor or a homeowner looking to move in, it's essential to understand your rights, the tenant's rights, and the legal obligations associated with such a purchase. Understanding the Legal Principle: Huur Gaat Voor Koop One of the most critical legal principles governing tenanted property sales in Sou

Setting up a trust in South Africa is an effective way to protect assets, plan estates, and manage wealth for future generations. However, many individuals and businesses often ask: What is the cost of registering a trust in South Africa? This article breaks down the costs, legal requirements, and steps involved in trust registration in 2025 . Understanding Trusts in South Africa A trust is a legal arrangement where assets are transferred from an individual (the founder) to b

In South Africa, sectional title property owners often find themselves in disputes with their body corporate  over issues like levies , maintenance, rule enforcement, and financial transparency. Understanding owners' rights against body corporate is crucial in ensuring fair treatment and compliance with sectional title laws. This article explores owners' legal rights, the responsibilities of a body corporate, and the role of the Community Schemes Ombud Service ( CSOS ) in res