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May 2017 Newsletter

Collecting Arrear Levies: A New Risk for Your Body Corporate

Levy collections are the lifeblood of sectional title schemes, and both owners and trustees need to know about a new Supreme Court of Appeal decision which puts at risk the body corporate’s right to apply for the sequestration of levy defaulters’ estates.

That has serious implications for the body corporate’s ability to collect arrears by accessing the value in the unit itself.  Be warned and act now to nip any arrears in the bud …


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Directors and the “Delinquency” Danger

Amongst the many challenges that company directors face is the danger of being declared “delinquent”, or being put “on probation”.

We discuss who can apply for a delinquency order and the serious consequences for the director if it is granted.
 

Read on also for details of a case recently before the High Court involving many millions raised from the public in share offers, a failed plan to build an international airport and a director now facing “7 years in the wilderness”.


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Landlords v Tenants - Who Pays for Unauthorised Repairs?

You rent a house and the geyser packs in or the pool starts leaking.  The landlord ignores your pleas to fix the problem – or outright refuses to do so.  Can you go ahead and do the repairs yourself, then deduct your costs from your rental payments?  We discuss a recent High Court case which ended badly for the tenant.

We also share some tips for both landlords and tenants on avoiding these costly and unnecessary disputes.


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Creditors – Your Special Notarial Bond is Good for 30 Years

There’s good news for creditors in a recent Supreme Court of Appeal judgment handing a R500k victory to a creditor against both the debtor close corporation and its member who had signed a personal suretyship.

We explain what “a special notarial bond” over your debtor’s movables is, and how it secures your claim and protects you from a “3 year prescription” defence.  



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Your May Website: Money Saving Apps in a Time of Junk

We are clearly in for some challenging times, with predictions of price rises, interest rate increases, and restricted earnings.  Here are 5 “finance apps” to help you survive by controlling expenses and boosting savings.

And amidst all the doom and gloom, remember we’ve been here before – a historical chart of our grading history since 1994 illustrates …


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Disclaimer
The information and material published on this website is provided for general purposes only and does not constitute legal advice. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.

Smith Bekwa Incorporated Attorneys
6th Floor, Surrey Place 291 Surrey Avenue Ferndale, Johannesburg
Tel: 011 462 7842 / 011 704 2802



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