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Property Law and Sectional Title
In sectional title schemes, trustees play a crucial role in overseeing the day-to-day management of the scheme on behalf of the body corporate. But what happens when those trustees fail to act in the scheme’s best interests — or worse, cause harm through mismanagement or misconduct?
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Johlene Wasserman, the driving force behind VDM Attorneys' community scheme and compliance division, worked for both the CSOS and the PPRA and understands schemes and their legal complexities. She has positioned herself at the forefront of community scheme and property practitioner compliance, protecting the interests of homeowners, tenants, and trustees alike.
In a landmark judgment handed down by the Gauteng Division of the High Court, the court made it clear that bodies corporate may not withhold a levy clearance certificate as a means of enforcing compliance with scheme rules or municipal laws — where all financial obligations to the body corporate have already been met.
When you apply for rezoning, you’re asking the municipality to approve a different use than what’s currently allowed. For example, turning a single residential stand into a multi-unit development site, converting a house into a set of offices, or changing a farm portion into suburban residential land.
The Department of Agriculture, Land Reform and Rural Development (DALRRD) plays a central role in reviewing and approving any subdivision or conversion of farmland. Their mandate isn’t commercial—it’s agricultural sustainability. This means land that is suitable for farming is automatically viewed as a strategic resource.
Rezoning applications can take anywhere from six months to two years—sometimes even longer. While municipalities offer general time estimates, the actual duration depends on a range of unpredictable factors, many of which are outside the applicant’s control.
The CPA starts applying even before a lease is signed. Properties may not be advertised in a manner that is misleading, false, or deceptive. This includes using exaggeration, ambiguity, or failing to disclose material facts. Tenants must be able to make informed decisions based on truthful representations.
To gain full legal recognition and enforceability against third parties, a long term lease contract must be reduced to writing and registered in the deeds registry. This formal process transforms the lease from a personal right into a real right, meaning it attaches to the land itself—not just to the agreement between the original landlord and tenant.
The legal position is not just about whether a roof contains asbestos. It’s about how that asbestos is managed, what condition it’s in, and how the property is being used.
A key factor in the land’s governance is the Islamic principle of waqf, a form of religious endowment. Under this system, land designated as waqf cannot be sold or transferred, as it is considered an asset dedicated to Allah for the benefit of the needy.
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