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Posts from 2025

Articles published during this year.

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The CSOS Process Explained: What to Expect and How It Works

Dealing with a dispute in a community scheme can be difficult and confusing. At Van Deventer Dowlath & Marx Incorporated (VDM), we regularly assist clients with disputes, so we want to clarify the CSOS process and the role of attorneys. We've broken the dispute process into four simple steps for you:

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Defamation in South Africa: When You Can Go to Court - and What to Expect

In the age of social media, WhatsApp groups, and online reviews, reputations can be damaged in seconds.

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Understanding Exclusive Use Areas - and Why They Cause So Many Disputes

In sectional title living, space is shared - but not always equally. That's where the concept of Exclusive Use Areas (EUAs) comes in. These are parts of the common property that are set aside for the exclusive use of one or more owners, such as parking bays, gardens, or patios.

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The Step-by-Step Guide to Registering Your Scheme Rules with CSOS

If you're a trustee or managing agent in a sectional title scheme, you've probably heard that your scheme's rules must be lodged with the Community Schemes Ombud Service (CSOS)- but what does that actually mean, and how do you do it properly?

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The Dangers of Copy-Paste Rules - Why Every Scheme Needs Custom Governance

When it comes to sectional title living, the rules are what hold everything together - they define how people share space, manage responsibilities, and resolve disputes. But too often, new developments or self-managed bodies corporate take a shortcut: they simply copy another complex's rules, make a few tweaks, and sub

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An Estate Agent’s Right to Commission - What Happens When the Deal Falls Through

For most property practitioners, few things are more frustrating than closing a deal - only to have it collapse before registration.

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How to Legally Handle Multiple Offers on a Property in South Africa

When the property market heats up, sellers are often lucky enough to receive more than one offer to purchase (OTP)at the same time. While it's a great position to be in, it also comes with potential legal and ethical pitfalls - especially for estate agents and sellers who don't follow due process.

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The “Subject to Sale” Clause Explained: When Is It Actually Fulfilled?

One of the most common suspensive conditions in South African property transactions is the "subject to sale" clause - where a buyer's offer to purchase (OTP) depends on them first selling their existing property.

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Why the “Subject to Building Inspection” Clause in an Offer to Purchase Often Fails

Most property buyers (and agents) understand that a suspensive condition is a clause in the Offer to Purchase (OTP) that suspends the agreement until a certain condition is fulfilled.

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B-BBEE: A Licence to Operate, But Not True Empowerment

The Gap Between B-BBEE and Real Empowerment

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How the Community Schemes Ombud Service (CSOS) Works - and When to Use It

Living in a community scheme - whether a sectional title complex, homeowners' association (HOA), retirement village, or share block - means you are part of a community governed by rules. Most of the time, these rules help maintain harmony, safety, and property value. But sometimes, disputes arise: over levies, pets, no

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Pets in Community Schemes: When Decisions Are Reasonable - and When They’re Not

Living in a sectional title complex or estate often comes with rules designed to balance the rights of all residents. One of the most debated topics is whether pets are allowed - and under what conditions. Community Schemes (such as sectional titles and homeowners' associations) are entitled to make rules, but those ru

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