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November 2020 NEWSLETTER
Parking Bay Disputes – Enforcing Complex Rules
A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a selective and discriminatory basis?

We investigate those questions in the context of a fight by a HOA to enforce its rules prohibiting homeowners from parking anywhere other than in their own garages and driveways. It asked the High Court to stop the owner of three vehicles from parking one in a visitor’s bay and the other jutting out into an estate road.
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www.taylorfinlay.co.za Conveyancing Family Law Business Law Civil Litigation Financial and Estate Planning















Does Your Dog Bite? Your (Substantial) Risk Remains
ArticleImage Sued for R2.3m by a man brutally savaged by his three dogs in a public street, the dogs’ owner was faced with a risk that has applied to all owners of domesticated animals for centuries – being held liable on a “no-fault” basis. That catches many pet owners off guard because it is very different to the general rule that you are only liable for harm caused if you were negligent or acted deliberately. 

We list the 3 limited defences open to you if you are sued under this type of liability, and discuss the dog owner’s attempt to persuade the Supreme Court of Appeal to extend one of those defences to give him a fighting chance of escaping the damages claim. His failure is a warning to all dog (and other domestic animal) owners.
   
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POPIA: A Practical 4-Step Action Plan for your Business
ArticleImage Preparation is of course always key to success, and compliance with POPIA (the Protection of Personal Information Act) is no different.

Do not be misled by the scare stories about having to comply immediately just because POPIA is now in force, but equally don’t fall into the trap of thinking “I can ignore this for now, I have until June next year to do something about it”. 

The fact is that your business will benefit if you take steps right now to understand both how POPIA affects you, and how you can begin preparing for your compliance process. We share 4 practical tips on how to get started…
   
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Collecting Maintenance in Hard Times – Threaten Jail Time
ArticleImage Maintenance arrears are notoriously difficult to collect, and in these hard times many dodgers will plead poverty. But particularly when children are involved our courts will not hesitate to threaten serial defaulters with jail for contempt of court – a wakeup call which has no doubt resulted in many a dodger changing tune with considerable alacrity from “I’m too poor to pay” to “Hang on, I have money after all”. 

Two recent High Court cases illustrate. The first involved two children, over half a million in arrears, and a father claiming inability to pay but earning well and spending freely on a BMW and on an online gambling habit. The second case featured two dogs, a wife’s household expenses, and a company battered by the pandemic lockdown…
   
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Website of the Month: Looking Good on Zoom
ArticleImage “Zooming Into the Future: Tips to Improve One’s Appearance at Online Meetings” on Law.com is a useful compilation of advice on the best –
  • Lighting 
  • Background 
  • Eye level
  • Appearance (did you know about the “Touch Up My Appearance” button?)
  • Sound. 
It’s written specifically for lawyers doing their lawyerly things and for witnesses giving evidence online but is a great resource for anyone and everyone using virtual meetings of any sort.
   







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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