Jonker Vorster Attorneys

𝗧𝗵𝗲 𝗧𝗵𝘂𝗿𝘀𝗱𝗮𝘆 𝗖𝗼𝘂𝗿𝘁𝗿𝗼𝗼𝗺 𝗖𝗹𝘂𝗯 🏛️📡 Welcome back to The Thursday Courtroom Club! This week, we unpack a legal dispute that’s got developers, body corporates, and property owners buzzing. Step into the courtroom and weigh in on a clash over rights, rentals, and reserved property! 𝗖𝗮𝘀𝗲 𝗙𝗶𝗹𝗲: 𝗔 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿’𝘀 𝗖𝗹𝗮𝗶𝗺 𝘁𝗼 𝗖𝗼𝗺𝗺𝗼𝗻 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗜𝗻𝗰𝗼𝗺𝗲 𝗧𝗵𝗲 𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼:📜  In a sectional title scheme in KwaZulu-Natal, a developer enters into a lease agreement with a cellular provider for a mast on the property, earning rental income. When the sectional title scheme is registered, the Body Corporate claims this income belongs to the unit owners as the mast stands on common property. Here’s the twist: 🔹 The developer argues that they reserved a real right of extension under the Sectional Titles Act, which gives them control over that part of the property, including its income. 🔹 The Body Corporate insists that the reserved right is for development only and does not allow the developer to lease the property or retain the income. 𝗧𝗵𝗲 𝗔𝗿𝗴𝘂𝗺𝗲𝗻𝘁𝘀: 𝗧𝗵𝗲 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿 𝘀𝗮𝘆𝘀: 1️⃣ Reserved rights under the Act allow them to lease and benefit from the property until the right is fully exercised and registered. 2️⃣ The income predates the sectional title scheme’s registration, so it should remain theirs. 𝗧𝗵𝗲 𝗕𝗼𝗱𝘆 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲 𝘀𝗮𝘆𝘀: 1️⃣ Reserved rights are for development purposes, not for leasing or commercial gain. 2️⃣ The rental income from the mast belongs to the Body Corporate for the collective benefit of all owners. 𝗬𝗼𝘂𝗿 𝗧𝘂𝗿𝗻 𝗶𝗻 𝘁𝗵𝗲 𝗝𝘂𝗱𝗴𝗲’𝘀 𝗖𝗵𝗮𝗶𝗿🧐  Does the developer have a legitimate claim to the lease income, or should the Body Corporate take control? ✅Cast your vote in the poll and let us know your reasoning in the comments! 𝗖𝘂𝗿𝗶𝗼𝘂𝘀 𝗮𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗿𝗲𝗮𝗹 𝗰𝗮𝘀𝗲?📖 This scenario is based on 𝗧𝗵𝗲 𝗕𝗼𝗱𝘆 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲 𝗼𝗳 𝗦𝗮𝘃𝗮𝗻𝗻𝗮𝗵 𝗣𝗮𝗿𝗸 𝘃 𝗕𝗿𝗮𝗶𝗻𝘄𝗮𝘃𝗲 𝗣𝗿𝗼𝗷𝗲𝗰𝘁𝘀 𝟭𝟭𝟰𝟳 𝗖𝗖 ([2011] ZASCA 239). It’s a fascinating look into the limits of reserved rights under the Sectional Titles Act. Feel free to dive into the judgment for more details! 💡 𝗧𝗵𝗲 𝗧𝗵𝘂𝗿𝘀𝗱𝗮𝘆 𝗖𝗼𝘂𝗿𝘁𝗿𝗼𝗼𝗺 𝗖𝗹𝘂𝗯 is brought to you by 𝗝𝗼𝗻𝗸𝗲𝗿 𝗩𝗼𝗿𝘀𝘁𝗲𝗿 𝗜𝗻𝗰., specialists in property law and sectional title governance. P.S. Have a legal conundrum? Let’s connect! #attorneys #paarl #propertylaw

👉 The Verdict Is In! 🏛 Landmark HOA Case Decision: Chapman’s Bay Estate HOA vs Willem Adriaan Lotter & Others 🏡 The High Court recently ruled against Chapman’s Bay Estate HOA in Case 9387/2022, emphasizing that penalty levies for construction delays cannot be imposed on new property owners for failures by previous owners. The judgment found that the HOA's constitution (Clause 9.10) does not extend such obligations to subsequent owners unless explicitly stated. 👉 Key takeaway: A new owner cannot be penalized for circumstances beyond their control, particularly if the stipulated timeframes for construction were already violated by prior owners. This decision sets a critical precedent for HOAs across South Africa, balancing administrative oversight with fairness to homeowners 💡 Stay tuned: Next week, we’ll delve into another pivotal HOA case that promises to shape the future of property law even further. * hashtag #thursdaycourtroomclub #penaltylevies #fairrules

𝗧𝗵𝗲 𝗧𝗵𝘂𝗿𝘀𝗱𝗮𝘆 𝗖𝗼𝘂𝗿𝘁𝗿𝗼𝗼𝗺 𝗖𝗹𝘂𝗯 🏛️🏠 Welcome to this week’s 𝗧𝗵𝘂𝗿𝘀𝗱𝗮𝘆 𝗖𝗼𝘂𝗿𝘁𝗿𝗼𝗼𝗺 𝗖𝗹𝘂𝗯, where we delve into fascinating legal cases and ask you to share your verdict! Grab your gavel and step into the courtroom as we discuss a dispute that’s got property owners talking... 𝗖𝗮𝘀𝗲 𝗙𝗶𝗹𝗲: 𝗣𝗲𝗻𝗮𝗹𝘁𝘆 𝗟𝗲𝘃𝗶𝗲𝘀 – 𝗙𝗮𝗶𝗿 𝗥𝘂𝗹𝗲 𝗼𝗿 𝗨𝗻𝗿𝗲𝗮𝘀𝗼𝗻𝗮𝗯𝗹𝗲 𝗖𝗹𝗮𝘂𝘀𝗲? 📜 𝗧𝗵𝗲 𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼: In a luxury estate, the Homeowners’ association (HOA) enforces 𝗽𝗲𝗻𝗮𝗹𝘁𝘆 𝗹𝗲𝘃𝗶𝗲𝘀 on undeveloped properties if construction isn’t completed within 𝘁𝗵𝗿𝗲𝗲 𝘆𝗲𝗮𝗿𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆’𝘀 𝗳𝗶𝗿𝘀𝘁 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗲𝗿. 𝗛𝗲𝗿𝗲’𝘀 𝘁𝗵𝗲 𝘁𝘄𝗶𝘀𝘁: 🔹 A property owner buys a vacant plot years after its first transfer, long after the three-year period has lapsed. 🔹 Despite starting construction immediately, they are charged 𝗽𝗲𝗻𝗮𝗹𝘁𝘆 𝗹𝗲𝘃𝗶𝗲𝘀 𝗼𝗳 𝗥𝟱𝟴,𝟵𝟬𝟱 for delays caused by 𝘱𝘳𝘦𝘷𝘪𝘰𝘶𝘴 𝘰𝘸𝘯𝘦𝘳𝘴. 𝗧𝗵𝗲 𝗔𝗿𝗴𝘂𝗺𝗲𝗻𝘁𝘀: 𝗧𝗵𝗲 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗢𝘄𝗻𝗲𝗿 𝘀𝗮𝘆𝘀: 1️⃣It’s unfair to penalise new owners for delays they didn’t cause. 2️⃣Each transfer should reset the penalty timeline. 𝗧𝗵𝗲 𝗛𝗢𝗔 𝘀𝗮𝘆𝘀: 1️⃣Penalties ensure construction happens promptly and incomplete properties don’t disrupt the community. 2️⃣Allowing resets would encourage speculative reselling and indefinite delays. 🧐𝗬𝗼𝘂𝗿 𝗧𝘂𝗿𝗻 𝗶𝗻 𝘁𝗵𝗲 𝗝𝘂𝗱𝗴𝗲’𝘀 𝗖𝗵𝗮𝗶𝗿 Leave your ideas in the comments, and 𝗱𝗼𝗻’𝘁 𝗳𝗼𝗿𝗴𝗲𝘁 𝘁𝗼 𝘃𝗼𝘁𝗲 𝗶𝗻 𝘁𝗵𝗲 𝗽𝗼𝗹𝗹! The official court outcome will be revealed at the end of the poll. 📖 𝗖𝘂𝗿𝗶𝗼𝘂𝘀 𝗮𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗿𝗲𝗮𝗹 𝗰𝗮𝘀𝗲? This scenario is inspired by the judgment in 𝗖𝗵𝗮𝗽𝗺𝗮𝗻’𝘀 𝗕𝗮𝘆 𝗘𝘀𝘁𝗮𝘁𝗲 𝗛𝗼𝗺𝗲𝗼𝘄𝗻𝗲𝗿𝘀’ 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻 𝘃 𝗪𝗶𝗹𝗹𝗲𝗺 𝗔𝗱𝗿𝗶𝗮𝗮𝗻 𝗟𝗼𝘁𝘁𝗲𝗿 𝗮𝗻𝗱 𝗢𝘁𝗵𝗲𝗿𝘀 (𝗖𝗮𝘀𝗲 𝗡𝗼. 𝟵𝟯𝟴𝟳/𝟮𝟬𝟮𝟮), decided in the Western Cape High Court on 24 February 2023. Feel free to look it up for more details! 💡 𝘛𝘩𝘦 𝘛𝘩𝘶𝘳𝘴𝘥𝘢𝘺 𝘊𝘰𝘶𝘳𝘵𝘳𝘰𝘰𝘮 𝘊𝘭𝘶𝘣 is brought to you by Jonker Vorster Inc., specialists in property law and community scheme governance. P.S. Have a legal conundrum? Let’s chat! #thursdaycourtroomclub #penaltylevies #fairrules

The Role of the Deeds Office in Property Transfer ⬇️ Once all legal documents for a property transfer are signed, they must be lodged at the Deeds Office for registration. This process, which takes 𝟳 𝘁𝗼 𝟭𝟬 𝘄𝗼𝗿𝗸𝗶𝗻𝗴 𝗱𝗮𝘆𝘀, ensures that the property is officially transferred into the buyer’s name. 🔑 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Patience is key during the Deeds Office process, but rest assured that once it’s done, the property is legally yours! #propertylaw #attorneyspaarl #paarl #lawyer

What Are the Total Costs of Buying a Property in Cape Town? Many buyers focus only on the property price, but the total fees for buying a property can add 8%–10% to your budget. Here’s a quick breakdown of key costs: ✔️ 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗗𝘂𝘁𝘆: Payable for properties over R1,100,000, calculated on a sliding scale. ✔️ 𝗖𝗼𝗻𝘃𝗲𝘆𝗮𝗻𝗰𝗶𝗻𝗴 𝗙𝗲𝗲𝘀: Covers legal work for property transfer, varying by purchase price. ✔️ 𝗕𝗼𝗻𝗱 𝗥𝗲𝗴𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗙𝗲𝗲𝘀: If financing, these cover registration and legal fees for your home loan. ✔️ 𝗗𝗲𝗲𝗱𝘀 𝗢𝗳𝗳𝗶𝗰𝗲 𝗙𝗲𝗲𝘀 & 𝗣𝗼𝘀𝘁𝗮𝗴𝗲: Administrative costs for processing documentation. Get the full breakdown and actionable budgeting tips in our latest blog! 👉 Read here: https://lnkd.in/eQhxS5NJ #PropertyLaw #CapeTown #RealEstate #LegalAdvice #JonkerVorsterAttorneys #Paarl

Movember done and dusted🧔🏽

The Importance of 𝗙𝗜𝗖𝗔 𝗖𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 In South Africa, both buyers and sellers must provide FICA documents during property transactions. This includes proof of identity and residential address to comply with the Financial Intelligence Centre Act (FICA). ➡️Failing to provide these documents can 𝗵𝗮𝗹𝘁 𝘁𝗵𝗲 𝘁𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗽𝗿𝗼𝗰𝗲𝘀𝘀. 🔑 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Keep your FICA documents updated and ready for any property transactions to avoid unnecessary delays. #jonkervorsterattorneys #laywer #paarl

𝗕𝗼𝗻𝗱 𝗖𝗮𝗻𝗰𝗲𝗹𝗹𝗮𝘁𝗶𝗼𝗻 Simplified: What You Need to Know Are you a homeowner or buyer navigating the bond cancellation process? Discover: ✔️ What bond cancellation figures are ✔️ How they’re calculated ✔️ Timelines and key steps involved This blog is your go-to guide for understanding the essentials and making informed decisions. Don't let the process overwhelm you—get the clarity you need today! 👉 Read the full blog here: https://lnkd.in/eGp7DJE7 #BondCancellation #PropertyLaw #SouthAfrica #JonkerVorsterAttorneys #Paarl

Understanding Bond Cancellation Figures If your property has an existing bond, the bank will hold the title deed. Before you can sell, you'll need 𝗕𝗼𝗻𝗱 𝗖𝗮𝗻𝗰𝗲𝗹𝗹𝗮𝘁𝗶𝗼𝗻 𝗙𝗶𝗴𝘂𝗿𝗲𝘀, which detail the amount required to settle your bond. The conveyancer will use these figures to pay off the bond and release the title deed. 🔑𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆: Obtain bond cancellation figures early to streamline the property transfer process. This ensures you know the exact amount needed to settle the bond before the sale. P.S. Go read our new blog on "Bond Cancellation: Complete Guide": https://lnkd.in/eGp7DJE7 #propertylaw #paarl #jonkervorsterattorneys #lawyer

At Jonker Vorster Attorneys, we're more than just a team— we're a family.⚖️❤️ P.S. Join the family and let your legal support start here. #attorneys #paarl #jonkervorsterattorneys