DTS Attorneys – Law Firm in Port Elizabeth

Fixed Term Contracts: A Guide for Employers and Employees

Everyone knows about the very strong employee protections provided by our employment laws. But we aren’t all as clear on when an employer is legally justified in hiring someone on a fixed term contract basis rather than on the standard “permanent employee” basis. Read on for a discussion of what a fixed term contract is, […]

The Garage Door That Had the Complex Up in Arms

Homeowners Associations (HOAs) and Bodies Corporate take note! A recent High Court decision confirms that you cannot enforce your rules and regulations inconsistently. At stake in this case was an HOA’s instruction to a homeowner to remove his “mirror finish” garage door, which contravened one of the estate’s architectural rules. But, as some damning photographs of other mirrored doors proved, the HOA had seemingly not enforced that rule consistently…

When Your Tenant ‘Does A Duck’

Tips for landlords when their tenant does a disappearing act. Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should […]

Community Scheme Disputes and the Ombud’s Powers to Resolve Them

“[The Ombud} has been given wide inquisitorial powers whereby such disputes can be resolved as informally and cheaply as possible by means of qualified conciliators and adjudicators, without the need for legal representation, save in certain limited circumstances.” (Extract from first judgment below) If you have a dispute with anyone in a “Community Scheme” – […]

Bodies Corporate: Before You Sequestrate to Recover Arrears…

“Bankruptcy – a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to recover debt can be an exercise in frustration and delay, and the more […]

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