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Residential unit versus Holiday home

By Tracey Hugkulstone on Mon, 04 Dec 2017 at 08:05

We own one of two units called SS Riverview in Morningside Durban. We have lived there for +10 years. The other unit has been sold and transferred recently. When we moved in 10 years ago there was no owners association or body corporate rules as there were only two owners and we operated on a open basis, ie if there was a maintenance issue we got quote and split the cost. We now have an issue in that the original owners have now sold their unit to a Johannesburg based client and it will be a holiday home. Unfortunately the previous owners have been less than honest about their intentions and we have found out this situation via the real estate agent. We now need to put in a set of rules and I am not sure where to start. I don't want to alienate the new owner but I realize the importance of an up front agreement. Thanks


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RE: Residential unit versus Holiday home

Murray Bennett replied on Tue, 05 Dec 2017 at 20:53

If it is a sectional title scheme [which the SS] implies then the Act [which cannot be amended] and the prescribed management and conduct rules [which can be both amended by the appropriate resolution of the owners as long as they do not conflict with the act] have always and will always apply. All of these can be found under the library section on this page. Looking as to whether any amendments need to to made to these would be a good place to start.

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