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What Type of Legal Entity Is a Body Corporate?

Many sectional title owners assume their body corporate is a company. It isn't. A body corporate is a unique legal entity created by law, with its own powers, responsibilities and governance framework under the Sectional Titles Schemes Management Act.

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Personal Information in an OTP: What POPIA Actually Requires of Property Practitioners

A property sale can't happen without personal information moving between the practitioner, the conveyancer, the bond originator, and half a dozen other parties. POPIA doesn't stop that, but it does require consent and a defined purpose. This instalment covers what the clause needs to say.

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The Biggest Mistakes People Make After Receiving a Letter of Demand

A letter of demand doesn't automatically mean you're going to court, but how you respond can significantly affect the outcome. Here are the biggest mistakes people make after receiving a letter of demand and what you should do instead.

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The Importance of Approved Conduct Rules When Imposing Fines in Your Community Scheme

Many trustees assume they can issue fines whenever an owner or resident breaks the rules. In reality, fines are only enforceable if your scheme has properly approved conduct rules that authorise them.

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Making Your Commission Clause Watertight: What Every Property Practitioner Should Check in an OTP

The commission clause is often the shortest clause in an OTP, and the one most likely to cause a dispute. This instalment in our OTP drafting series covers what makes a commission clause enforceable, and how to protect your fee when a deal falls apart.

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Can You Evict Someone Who Refuses to Leave?

Many property owners believe they can simply change the locks or disconnect services when an occupier refuses to leave. South African law says otherwise. Here's what you need to know

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What Does "Fiduciary" Actually Mean? A Simple Explanation of One of Law's Most Important Duties

"Fiduciary" is one of the most commonly used legal terms, yet many people do not fully understand what it means. Whether you are a company director, body corporate trustee, trustee of a trust, or executor of a deceased estate, understanding your fiduciary duties is essential.

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Rental Attachment Orders: Can a Body Corporate Collect Rent Directly from a Tenant for Unpaid Levies?

When a sectional title owner falls behind on levy payments but continues receiving rental income from their tenant, the body corporate may have an effective legal remedy. A rental attachment order allows the court to direct that rent be paid directly to the body corporate instead of the defaulting owner, helping to recover outstanding levies while protecting the financial stability of the scheme.

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The Difference Between a Letter of Demand and a Summons

A letter of demand is often the first step in resolving a dispute, while a summons starts formal court proceedings. Knowing the difference can help you protect your rights and avoid unnecessary legal costs.

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The 72 Hour Clause in an Offer to Purchase: What It Means and Why the Wording Matters

The 72 hour clause allows a seller to keep marketing a property while a purchaser's suspensive conditions are still being met. Used correctly, it protects both parties. Used poorly, it creates disputes that end up on an attorney's desk.

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The Connectivity Cartel: Why South Africa's Telecom Giants Need Starlink to Fail

Why is South Africa still without Starlink while 26 other African countries have access? This opinion piece explores the role of regulation, competition, rural connectivity, and whether delays are protecting empowerment goals or entrenched market interests.

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The New Cold-Calling Rules: What Every Estate Agency Principal Needs to Know

If you run an estate agency in South Africa, the way you reach potential buyers, sellers, landlords and tenants changed on 15 April 2026 - and the change is bigger than most principals realise. The Consumer Protection Act has been amended to introduce a national "Do Not Contact" register, and the new regime applies imm

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