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At the centre of most disputes in community living schemes is the issue about the interpretation of and nature of the Conduct Rules. These rules can be by the Body Corporate or the Home Owners Association. Part of the responsibilities and/or jurisdiction of the Community Schemes Ombud Services (CSOS) include the vetting of Conduct Rules in as far as there is an obligation for these to be subservient to tenets of fairness, legality, and reasonableness.
Disputes in community living schemes were previously adjudicated upon by the Courts in South Africa. Among the eminent challenges with this was the fact that the motion procedure in the Courts system is usually an expensive and long one.
The Community Schemes Ombud Service (CSOS) is a creature of the Community Schemes Ombud Services Act (9 of 2011) which was promulgated to deal with disputes in community living schemes amongst its other responsibilities as a body.
It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.
As South Africa trudges towards the deadline to comply with the Protection of Personal Information Act 4 of 2013 (POPIA), much remains indicative of the fact that a good number of entities have either little or no strategy in place to comply with the Act.
Most of us have seen the word Notary written on the billboards at some attorneys’ offices, but not all. This is because not all attorneys have the designation of Notary Public. It is an office endowed with an increased measure of trust.
Besides certainty antenuptial contracts bring legal effect to matrimonial property regimes and this is crucial with regards to entering contracts, as well as in the event of divorce, maintenance and devolution of deceased estates.
Despite which spouse would have contributed more to the breakdown of the marriage relationship, often the one with less economic power will be the most economically affected after the marriage relationship dissolves.
An antenuptial contract, also known as a prenuptial agreement, is a contract entered into by two people who intend to get married. This document states how their assets will be dealt with in the event of divorce or death.
However, according to South African law, any marriage entered into without an antenuptial contract is by default a marriage in community of property.
In the past, a life partnership was only acknowledged as either being married or not.
Today however, a long-term relationship can include marriage or simply cohabiting – each having their own merits, challenges, and dynamics.
The Sectional Titles Schemes Management Act 8 of 2011 highlights the responsibility of the body corporate in the maintenance of the common property. It also indicates that each unit owner is responsible for maintaining their section.
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