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November 2018 NEWSLETTER
Can I have pets in a residential complex?
Life in a residential complex comes with many benefits – hence the increasing demand for apartments and security estates - but it also means sacrificing some of the freedom of choice you would enjoy if you were entirely on your own.

For example, pet ownership is often a contentious topic in community schemes, so in the common interest it’s likely to be regulated by the scheme’s Conduct Rules.

Read on for some ideas on how to establish what your legal rights are, with advice for trustees, buyers, sellers and agents on how to avoid dispute and disappointment in the first place. We end off with a note on how to settle any disputes that do arise… 
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It’s “13th Cheque” Time Again: Must You Pay Annual Bonuses?
ArticleImage Can it really be “Silly Season” time again? Seems like just yesterday we were all celebrating the birth of a brand-new 2018…

The reality of course is that Year End is now just around the corner, and for many employees that means rapidly-growing expectations of an annual bonus.

Unfortunately not every business will be able or willing to double their monthly salary bill to meet these expectations, and every year at this time the CCMA is landed with the resulting bitter disputes. We discuss whether our law automatically obliges employers to pay bonuses, and lay out the three essentials for both employers and employees to follow in order to avoid any unhappiness or argument.
   
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When is a Debtor “Insolvent”? A Case of Arrear Maintenance Illustrates
ArticleImage Whether you are owed money by a maintenance defaulter or by a general debtor, our law gives you a range of collection options. 

One of them is the sequestration application – in itself a powerful incentive to the debtor to pay up because of the loss of control over his/her own affairs it entails.

But what do you have to prove in order to succeed in such an application? And how do you prove that the debtor is actually insolvent? We look at an illustrative High Court case in which a mother with a R228,000 claim for arrear maintenance won her case against a series of desperate defences raised by her ex-husband.
   
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Travelling Abroad? Know Local Laws or Risk Jail
ArticleImage You are arrested in a foreign country and told that you have contravened the local laws. You face prison, or worse.

“But I acted totally innocently” you protest “that’s legal in South Africa; I had no idea it was different here”. “Tough”, replies the stony-faced local law enforcement officer, “you should have found out what our local laws and customs are before you came here”.

An official government warning to do just that follows reports of a death sentence imposed by Vietnam on a South African drug smuggler. We discuss how the warning applies to you and not just to drug smugglers, the dangers of ignorance, and of how to protect yourself from arrest and prosecution.
   
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Your Website of the Month: 6 Ways for Your SME to Survive the Recession
ArticleImage No doubt we are in for at least a year or two of difficult economic conditions, but small businesses have one important advantage over larger competitors – their size keeps them agile. That means they can adapt more quickly to changing conditions, which in turn puts them in pole position to grasp the many opportunities that always accompany change and challenge. 

Here are some thoughts on how to get started with that - “6 ways SA small businesses can survive the dire economy - which may last until 2020” is on BusinessInsider
   







Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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