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Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge
Showing posts with label #forsake. Show all posts
Showing posts with label #forsake. Show all posts

Happy Diwali

Wishing you health and prosperity in your heart and home this Diwali!
Russell 
Lake Properties

When selling your house,will I have to accept the best offer or just the best terms overall?

Lake Properties

Lake Properties

You don’t have to take the highest number — take the best deal for you

Selling a house is more than a number on a page. The “best” offer is the one that gives you the most certainty, convenience and aligns with your goals — not always the one with the biggest price. Below I’ll walk you through everything to look for, with real-world examples and practical advice so you can choose confidently.


What “best overall terms” means

When you look at offers, compare all the moving parts, not just the purchase price. Important elements include:

  • Financing type & strength — Cash offers or buyers with bond pre-approval are much less likely to fall through than buyers who still need financing.
  • Deposit amount — A bigger deposit shows commitment and gives you extra security if the sale collapses.
  • Conditions (suspensive conditions) — Fewer conditions (like “subject to sale of buyer’s property” or many inspections) mean a cleaner, faster sale.
  • Transfer timeline — If a buyer wants transfer in 2 weeks but you need 8, the “best” timeline for them may be useless to you.
  • Occupation/possession arrangements — Who moves in when? Will you need to vacate earlier or later?
  • Flexibility & cooperation — A buyer who is easy to communicate with and flexible about minor matters is worth a lot.
  • Special clauses — Items like “subject to seller providing certain repairs” or “furniture included” change the value of the offer.

Example: two offers, which is better?

Offer A

  • Price: R1,000,000
  • Buyer needs to sell their house first (subject-to-sale)
  • Deposit: 5%
  • Transfer in 12–16 weeks

Offer B

  • Price: R990,000
  • Cash buyer (no bond)
  • Deposit: 10%
  • Transfer in 4 weeks

Which is better? In many cases Offer B is stronger despite being R10k lower: it’s faster, more certain, and uses cash. Offer A could collapse if their sale falls through, costing you time, stress and possibly a lower final price later.


Step-by-step: how to evaluate offers like a pro

  1. Line-by-line comparison. Put offers in a table and compare price, deposit, conditions, timeline, occupation and any repairs requested.
  2. Check financing proof. Ask for bond pre-approval letters or proof of funds for cash buyers.
  3. Assess the deposit. Larger deposits reduce risk and usually speed up transfer.
  4. Weigh conditions. A single minor condition is different from multiple critical conditions (buyer subject to selling first, subject to major repairs, etc.).
  5. Think about timing. Does the buyer’s desired transfer date match your moving/purchase plans?
  6. Consider convenience and certainty. A lower-risk offer that closes cleanly might be worth more in practice.
  7. Talk to your conveyancer & agent. Confirm how any unusual clauses will affect transfer and costs.
  8. Negotiate. You can counteroffer on price or terms (shorten timeline, increase deposit, remove conditions).
  9. Get it in writing. Once you accept, ensure the accepted offer is properly recorded and the deposit paid by the buyer.

Negotiation tactics that work

  • Counter on terms, not only price. If an offer is low but the buyer is flexible, ask for a higher deposit or a quicker transfer instead of rejecting outright.
  • Invite best-and-final offers when you have multiple interested buyers — but do this carefully and fairly.
  • Use timelines as bargaining chips. If a buyer wants you to wait, ask for a larger deposit or a break fee.
  • Keep communication polite and firm. Clear, timely replies reduce misunderstandings that can derail a sale.

Common pitfalls to avoid

  • Chasing the top number without reading the fine print. A large price can disappear under difficult conditions.
  • Accepting a low deposit. Small deposits give buyers easy outs.
  • Ignoring timing constraints. A mismatch in moving dates can cost you extra storage, rent or missed opportunities.
  • Overlooking finance contingency risks. Buyers who haven’t started bond application are risky.

Practical checklist to use when offers arrive

  • [ ] Purchase price (yes/no)
  • [ ] Deposit amount & proof (yes/no)
  • [ ] Cash or bond (proof attached)
  • [ ] All conditions listed (yes/no) — what are they?
  • [ ] Proposed transfer date(s) — acceptable?
  • [ ] Occupation/possession terms — acceptable?
  • [ ] Any repairs or inclusions requested — cost/impact?
  • [ ] Buyer’s communication: responsive & clear?
  • [ ] Conveyancer checked? (yes/no)

If you get multiple offers

  • Compare them side-by-side with the checklist above.
  • Consider asking each buyer to improve key terms (deposit, remove condition, faster transfer).
  • Be transparent only as required by law and your agent’s process — don’t make promises you can’t keep.

Legal & practical note

In South Africa (and many other places) once you accept an offer and both parties sign, the agreement becomes legally binding subject to the terms in the contract. That’s why you should:

  • Get your agent and conveyancer to review offers before signing anything.
  • Confirm deposit payment procedures and timelines.
  • Make sure any special conditions are clear and manageable.

Lake Properties Pro-Tip:

Before you commit, value certainty over pennies. A slightly lower but clean, cash-or-preapproved-bond offer that matches your timing and needs will usually save you time, stress and unexpected costs. Run every offer through a simple side-by-side checklist (price, deposit, conditions, timeline, occupation) — you’ll be surprised how often the “best” offer isn’t the highest number, it’s the one that actually gets you to the finish line.

If you know of anyone who is thinking of selling or buying property, please call me 

Russell 

Lake Properties 

www.lakeproperties.co.za info@lakeproperties.co.za 

083 624 7129 

The history of the Joseph Stone Auditorium

Lake Properties

Lake Properties

Joseph Stone Auditorium — history and community impact (Athlone, Cape Town)

Here’s a clear timeline and short analysis showing how the Joseph Stone Auditorium has strengthened and uplifted surrounding communities from its founding to the present day.

Quick timeline / origins

  • The performing collective that became the Eoan Group started in District Six in the 1930s as an after-school/arts programme for children. Over time it expanded into drama, music, ballet and adult community theatre.
  • After forced removals from District Six under apartheid the Eoan Group lost its home. Philanthropist Joseph Stone donated funds to build a new theatre in Athlone; the Joseph Stone Auditorium (designed by architect Revel Fox) opened on 21 November 1969 as the Eoan Group Cultural Centre.
  • The building is a 500-seat theatre with rehearsal rooms, studios and offices and was funded by a mix of government, foundations and the Eoan Group. It has hosted opera, plays, festivals and training programmes since inauguration.

What’s been done inside the building (examples)

  • Performing arts training and schooling — the Eoan Group School of Performing Arts runs regular classes (ballet, drama, music, modern dance, etc.), providing structured arts education for youth and adults. This has kept local talent engaged and developing skills across generations.
  • Community theatre & festivals — the venue has hosted community drama groups, opera productions and national amateur theatre festivals that brought many groups together (dozens of participating groups in some years). That activity gave local performers a platform and drew visiting audiences into Athlone.
  • Multi-use community programming — beyond theatre shows, the auditorium has been used for lectures, conferences, film shoots, senior-citizen events, movie days and free concerts (for example a 2024 seniors’ concert with the provincial police band), showing its role as a civic gathering space.

How that work strengthened and uplifted the surrounding communities

  1. Cultural preservation and identity after displacement
    When District Six residents were forcibly removed, the Joseph Stone Auditorium became an institutional home for the arts traditions that had grown up there. By continuing the Eoan Group’s programmes it preserved and celebrated cultural practices and personal histories tied to District Six. That continuity supports communal identity and intergenerational memory.

  2. Skills, confidence and youth development
    Regular classes and performance training give local children and young adults skills — not just artistic technique but stagecraft, teamwork, discipline, public speaking and event production — all of which increase opportunities for employment and civic participation.

  3. Social cohesion & safe public space
    Programming for seniors, youth, community groups and school performances creates safe, constructive meeting places. Events like free concerts and movie days promote social inclusion, reduce isolation, and strengthen neighbourhood networks.

  4. Local economic spillover
    Performances and festivals attract audiences who spend locally (transport, food, small traders). Hiring technical staff, performers and contractors for productions creates short-term jobs and recurring income for local suppliers.

  5. Civic pride and tourism/visibility
    A prominent cultural building on Klipfontein Road helps put Athlone on cultural itineraries (local tours and stories reference the auditorium), which raises the area’s profile and encourages further community initiatives.

Recent evidence that the venue is still active and serving the community

  • Local reporting shows the auditorium continues to host community events (e.g., an Oct 2024 seniors’ concert attended by ~400 local seniors). The Eoan Group still lists the Joseph Stone Auditorium as home to its school and productions. This continuity from 1969 to today demonstrates ongoing community value.

Short summary

From its origins as a home for the Eoan Group after District Six removals to its present role as a 500-seat cultural and community centre, the Joseph Stone Auditorium has preserved cultural memory, provided arts education, created meeting spaces and modest economic benefits, and strengthened civic identity in Athlone and the Cape Flats. Its mix of training, performances and community programming is a template for how a local cultural venue can uplift an area over decades.

If you know of anyone who is thinking of selling or buying property, please call me 

Russell 

Lake Properties 

www.lakeproperties.co.za 

Info@lakeproperties.co.za 

083 624 7129 

Lake Properties                      Lake Properties

The Trojon Horse massacre in Thornton Road



Lake Properties                       Lake Properties

Lake Properties                     Lake Properties

What led to it  

By 1985, South Africa was in a State of Emergency. Student protests, school boycotts and street demonstrations against apartheid were taking place almost daily, especially in Cape Town’s coloured townships such as Athlone.

  • On 15 October 1985, young people gathered along Thornton Road, near Alexander Sinton High School, to protest.
  • They were throwing stones at passing vehicles — a fairly common form of township resistance.
  • The apartheid state wanted to crush these protests and intimidate communities. Instead of dispersing the crowds openly, police devised a deceptive ambush tactic.

The “Trojan Horse” tactic

The plan was chillingly simple:

  • A railway truck drove slowly into the area. On the back of the truck were large wooden crates, apparently carrying goods.
  • Hidden inside those crates were armed policemen from the South African Police and Railway Police.
  • Once protesters came close and began throwing stones, the police suddenly burst out from the crates and opened fire with live ammunition.

This ambush became known as the Trojan Horse Massacre because the truck, like the Greek myth, concealed attackers who struck once they were inside enemy territory.


The shooting itself

When the shooting erupted:

  • Three young people were killed instantly:
    • Jonathan Claasen (21)
    • Shaun Magmoed (15)
    • Michael Miranda (11) – who wasn’t even part of the protest, he was simply in the wrong place at the wrong time.
  • Many others were wounded, including schoolchildren.

What made the event especially notorious was that it was captured on film by international television crews (notably CBS News). The footage of police bursting from crates and gunning down students spread worldwide, causing outrage and embarrassment for the apartheid government.


Who was responsible

  • The South African Police (SAP) and Railway Police, acting as part of a Joint Security Task Force, carried out the operation.
  • Orders for the “Trojan Horse” decoy tactic came from higher command levels — not just the men on the truck.
  • The Truth and Reconciliation Commission (TRC) later confirmed that this was a deliberate counter-insurgency operation, not a spontaneous reaction to violence.

Aftermath: Inquest & prosecutions

The families of the victims, supported by human rights lawyers, fought hard for justice:

  1. Inquest (1988):

    • A judge found that the police had acted “unreasonably” in the way they used lethal force.
    • Despite this, the Attorney-General initially refused to prosecute.
  2. Private prosecution (1989):

    • Families brought their own case against 13 policemen.
    • The trial was long and difficult, but in December 1989 all accused were acquitted.
  3. TRC hearings (1996–98):

    • The TRC revisited the case.
    • Victims’ families testified about their loss.
    • Security force members admitted aspects of the operation but largely evaded personal accountability.
    • No one was ever successfully punished for the killings.

Why it matters

  • The Trojan Horse Massacre became a symbol of apartheid’s brutality: using deception and live fire against schoolchildren.
  • It highlighted the impunity of security forces: even with video evidence and an inquest ruling, the courts of the time would not convict.
  • Today, memorials and annual commemorations keep the memory alive. The TRC officially recorded it as a gross violation of human rights.

In summary:
The police shot at students in Thornton Road because they were using an ambush tactic designed to punish and terrify protesting youth. The apartheid security forces were directly responsible, but despite inquests and private prosecutions, nobody was ever convicted.

Lake Properties                    Lake Properties

What are the advantages and disadvantages of switching your mortgage bond to another bank.




Lake Properties                    Lake Properties

Lake Properties                    Lake Properties  
  1. Lower interest = real savings.
    A lower interest rate reduces your monthly repayment and the total interest paid over the life of the bond.

  2. Immediate monthly cashflow relief.
    Lower repayments free up money for living costs, investments or paying down higher-cost debt.

  3. Better product features & flexibility.
    You may gain access to benefits like free extra repayments, offset/savings accounts, redraw facilities, or more flexible payment dates.

  4. Consolidate / clean up finances.
    Refinancing can let you roll expensive short-term debt (credit cards, personal loans) into the mortgage at a lower rate (but be careful — you extend the term).

  5. Access to equity (“cash-out” refinancing).
    If your property value has risen, you may be able to increase the loan (and take cash out) for renovations, an investment, or debt consolidation.

  6. Service and digital experience.
    You might prefer another bank’s online tools, customer service or speed of handling bond queries.

⚠️ Disadvantages — the downside (expanded)

  1. Upfront switching costs (real money).
    Typical costs include: bond cancellation fees, new bond registration costs, conveyancer/attorney fees, bank admin fees, bank valuation fee, and possible early settlement penalties from your current lender. These all add up and reduce net savings.

  2. Breakage/early termination penalties (if fixed rate).
    If you’re on a fixed-rate product, leaving early can trigger significant breakage fees—sometimes larger than you expect.

  3. Paperwork, checks and delay.
    You’ll need payslips, proof of ID, bank statements, the new lender will do a credit check and property valuation — it’s effectively a new bond application.

  4. Possible reset of loan term (costly).
    If you extend the loan term to lower the monthly amount, you often pay far more interest over the longer term — a short-term gain for a long-term cost.

  5. Approval is not guaranteed.
    The new bank must be satisfied with your credit, affordability and the property valuation. If they decline you, you’ve still incurred valuation or admin costs.

  6. If you plan to sell soon, you may never recoup costs.
    If your break-even period is longer than the time you intend to keep the property, switching is usually not worth it.

How to decide — step-by-step (do this before signing anything)

  1. Get the redemption figure from your current bank.
    Ask for the outstanding balance + exact cancellation fees and any early settlement penalties. You need the final figure they’ll require.

  2. Get a full written quote from the new bank.
    The quote must include new monthly repayment, interest rate (fixed/variable), valuation fee, attorney fees, admin fees and any other one-off charges.

  3. Calculate monthly savings and break-even months.

    • Monthly saving = (current monthly repayment) − (new monthly repayment).
    • Break-even months = (total switching costs) / (monthly saving).
      If break-even is shorter than the time you expect to stay in the house, that’s a good sign.
  4. Compare total interest over the remaining term.
    Don’t only look at monthly payments — calculate total interest you’ll pay at each rate over the remaining term (or the new term if you change it).

  5. Check non-monetary items.
    Contract flexibility, ability to make extra payments, how interest is applied, insurance/cover changes, online banking quality, and customer service.

  6. Negotiate with your current bank first.
    Ask them to match the new offer. Often they will reduce the rate without you having to pay switching costs.

  7. Factor in life plans.
    Are you selling or moving in two years? Are you planning big changes (start a business, have children)? If short horizon, be conservative.

Practical checklist — what to request & prepare

  • Statement of outstanding balance and full redemption figure (including cancellation fees).
  • Recent bond repayment schedule (how many months left, term).
  • New bank’s written quote (full list of fees + monthly repayment).
  • Documentation: ID, 3 latest payslips, 3-6 months bank statements, proof of address, latest bond statement.
  • Ask for a copy of the new loan agreement to read early.
  • Confirm whether your home and life insurance transfers automatically or need reissue.
  • Check whether the new bank requires a new valuation and who pays for it.
  • Ask whether the new repayment includes interest-only period options, extra payments and whether there are penalties.

Sample negotiation text you can use

“Hi [Bank name], I’ve received a formal offer from [competitor bank] with an interest rate of X% and total switching costs of R[xx]. I’d prefer to stay with [current bank]. Can you match or beat this rate, or offer a lower admin fee to avoid switching? Please send me your best written offer.”
(Short, polite, and gives them a concrete target to match.)

Worked examples (so you can see the math)

Below are illustrative examples (use these as templates for your own numbers). These are examples only — plug in your actual outstanding balance, rates and fees.

Scenario A — clear win (example numbers):

  • Outstanding balance: R1,200,000
  • Remaining term: 20 years (240 months)
  • Current rate: 9.5% p.a. → Current monthly repayment ≈ R11,185.57
  • New rate: 8.0% p.a. → New monthly repayment ≈ R10,037.28
  • Monthly saving ≈ R1,148.29
  • Switching costs (estimate) = R25,000 (attorney + valuation + admin)
  • Break-even months = 25,000 ÷ 1,148.29 ≈ 22 months (≈ 1 year 10 months)
  • Total interest remaining at 9.5% ≈ R1,484,538; at 8.0% ≈ R1,208,947Net saving over term after switching cost ≈ R250,590.

Interpretation: if these numbers reflect your case and you plan to stay more than ~22 months, switching looks attractive.

Sensitivity checks (why these matter):

  • If switching costs were R40,000 instead, break-even becomes ≈ 35 months.
  • If the new rate was only 8.8% (smaller improvement), monthly saving drops to ≈ R543 and break-even with R25,000 jumps to about 46 months (nearly 4 years).
  • If you only have 5 years left on the bond, the monthly saving is smaller and you might not recoup costs — switching becomes less attractive.

(Those precise numbers above are calculated from the standard mortgage formula: M = P × r / (1 − (1 + r)^−n), where r is monthly rate and n number of months.)

Things people often forget (gotchas)

  • Valuation fee — the new bank may require a fresh valuation. This cost is sometimes refundable if the bond registers.
  • Insurance changes — changing banks can change the way house or life cover is handled; double-check continuity.
  • Prepayment/excess payment rules — some banks limit extra repayments or charge fees to make big extra payments in early years.
  • Credit checks — a hard credit enquiry can slightly affect your credit score. Multiple credit applications in a short period can be harmful.
  • If you refinance to borrow more (cash out), your monthly repayment may increase and you may pay more interest overall. Don’t treat the mortgage as free money.
  • Contract language — read the fine print about penalty events, what counts as default, and whether you’re tied to bundled products.

When it’s usually worth switching

  • The new rate is materially lower (not just a decimal point) and your expected stay > break-even time.
  • You can secure useful features (offset account, extra payments) that align with your plans.
  • You don’t have large fixed-rate breakage penalties.
  • You’re consolidating very expensive debt into mortgage debt and understand the long-term implications.

When it’s usually not worth it

  • You plan to sell or move within a few years and break-even is longer than your stay.
  • You’re on a fixed product with heavy breakage penalties.
  • The monthly saving is small relative to switching costs (e.g., you’d save R200–R300/month but pay R30,000 in fees).
  • You need to take extra cash out that wipes out the savings.

Quick decision formula (make it simple)

  1. Get all costs (old bank cancellation + new bank fees) → Total switching cost.
  2. Get current monthly payment and new monthly payment → Monthly saving.
  3. Break-even months = Total switching cost ÷ Monthly saving.
  4. If break-even < planned time to stay, consider switching; otherwise don’t.

Final practical tips

  • Always ask your current lender to match the best offer — often it’s cheapest to stay and keep the relationship.
  • Get every fee in writing from the new bank before you proceed.
  • Do the math with exact numbers (redemption figure, exact fees) — approximate guesses can mislead.
  • If in doubt, run a worst-case (higher fees, smaller rate drop) sensitivity check to see how robust the decision is.

Lake Properties Pro-Tip: Don’t let a “nice sounding” lower headline rate be the only factor — always do a side-by-side total cost comparison (monthly payment, total interest over remaining years and switching fees). If the break-even point is longer than the time you realistically expect to live in the property, walk away — otherwise negotiate hard with your current bank first.

 Lake Properties                     Lake Properties  

What if on party to the sale dies before the process is completed

Lake Properties                      Lake Properties

Lake Properties                      Lake Properties

Here’s a more detailed explanation of what happens in South Africa when one party dies before a property transfer is completed, broken down by stages of the process:


1. A Deed of Sale Has Been Signed but Transfer Not Yet Finalised

This is the most common scenario. Here's what happens depending on which party dies:


If the Seller Dies:

  • The signed Deed of Sale (Offer to Purchase) is still valid.
  • The property now falls into the deceased seller’s estate.
  • The executor of the estate, once appointed by the Master of the High Court, is responsible for completing the transaction.
  • The buyer must wait until the executor is officially empowered to act (via Letters of Executorship).
  • The property transfer will be registered in the buyer’s name, but only once the Master has approved and the executor signs the necessary transfer documents.

Possible Delays:

  • Estate reporting process (usually 4–8 weeks or more).
  • Delay in appointing executor.
  • Clearance certificates from SARS and municipality may be delayed if the estate is complex.

If the Buyer Dies:

  • The buyer’s rights under the sale agreement are now held by their estate.
  • The executor of the deceased buyer’s estate must assess whether to proceed with the purchase (e.g., does the estate have funds, is the purchase still desirable?).
  • If the executor decides to proceed, the property will be transferred either:
    • Directly to a named heir or beneficiary, or
    • Into the estate, then later transferred or sold again.

Important:

  • If the sale is a cash transaction and payment has been made, the executor has a legal and practical reason to proceed.
  • If the purchase was to be financed with a bond, and the bond wasn’t finalized before death, the deal may collapse unless the estate can fund it.

2. No Deed of Sale Was Signed Before Death

In this case, there is no legally binding contract. Death cancels any informal or verbal arrangements. The executor of the deceased’s estate is free to sell (or not sell) the property or decide whether to proceed with a new sale.


3. Deceased Was Married

South African marital regimes can affect property transfer after death:

  • In Community of Property: The surviving spouse owns half the estate and must be involved in the transaction.
  • Out of Community of Property: The deceased’s estate owns the entire property (or their share), and only the executor can proceed.
  • With Accrual: Depends on the value of each estate at death; might require accrual calculation before transfer.

4. Other Practical Considerations

  • Transfer Duty: Payable by the buyer, regardless of whether they are alive or deceased.
  • Conveyancer Role: Must work closely with the executor and Master’s Office.
  • Wills and Beneficiaries: May determine whether heirs are entitled to inherit or sell the property if no transfer occurs.

A problem property doesn’t have to be a deal-breaker. With the right strategy, these homes can turn into excellent investments. Always request a detailed inspection report, verify municipal approvals, and lean on an experienced estate agent. At Lake Properties, we specialize in identifying potential issues early and guiding buyers and sellers to successful, stress-free transactions. Remember: informed decisions make all the difference.

If you know of anyone who is thinking of selling or buying property,in Cape Town,please call me 

Russell Heynes 

Lake Properties 

083 624 7129

www.lakeproperties.co.za 

info@lakeproperties.co.za 

Lake Properties                       Lake Properties

How does the body corporate recover fees from a delinquent sectional title owner .Why is it important to recover the debt owed

Lake Properties                       Lake Properties

Lake Properties

1) Quick legal background — who must pay and why

Every owner in a sectional-title scheme is legally obliged to pay contributions (levies) to the body corporate so the scheme can run (maintenance, insurance, security, utilities, reserve fund, etc.). The main law governing levy liability and collection procedures is the Sectional Titles Schemes Management Act (STSMA).

2) Early procedural steps the body corporate should follow (and why they’re required)

The STSMA and the Prescribed Management Rules set out governance and certain procedural duties (for example, trustees must notify owners of levy amounts and due dates within prescribed timeframes). Best practice and the rules require clear written notices so owners can’t later claim they didn’t know what was due. CSOS guidance and the PMRs also require that certain notices and processes be followed before formal enforcement steps.

Typical practical sequence (timelines can vary, but these are common stages):

  1. Monthly statements & reminders — continue issuing monthly levy statements. (Paper/e-mail and a clear ledger help later proof.)
  2. Friendly reminder → final demand — if the levy is overdue, the trustees/manager send a formal letter of demand. PMR rules require that owners are given notice of levies and the consequences. Early, firm communication often resolves cases without legal costs.
  3. Trustee resolution to charge interest / collection fees — if trustees decide, the body corporate may charge interest on overdue amounts (the PMRs permit this but interest must comply with statutory caps such as those in the National Credit Act). The trustees must pass a written resolution to apply interest/collection rules.
  4. Negotiation / payment plan / mediation (CSOS) — many schemes try to agree on payment plans; the Community Schemes Ombud Service (CSOS) can assist or adjudicate disputes between owners and bodies corporate. Engaging CSOS can be faster and cheaper than full litigation.

3) When the body corporate uses lawyers and goes legal

If reminders and negotiation fail, the usual escalation is:

  • Hand over to attorneys / issuing a formal demand on attorney letterhead — this signals seriousness and often includes an intention to claim legal costs. Many conduct rules and PMR provisions allow the body corporate to recover “reasonable” collection costs from the defaulting owner. Whether every legal cost is recoverable depends on the scheme’s rules and the courts’ reasonableness tests — but attorneys’ fees commonly form part of the claim.

  • Summons / court action — the attorneys can institute debt proceedings in the Magistrates’ Court (for smaller debts) or High Court (for larger or complex matters). If the court grants judgment, enforcement remedies become available.

4) Enforcement remedies after judgment (what can actually be done)

Once the body corporate has a court judgment or other enforceable instrument, common remedies include:

  • Garnishee (attachment) orders — the court can order direct attachment of funds (a bank account) or of a debtor’s employer salary (emoluments/garnishee) subject to statutory protections for subsistence.
  • Attachment and sale of movable property — sheriffs can attach and sell movable assets.
  • Sale in execution of the unit — where necessary and after following legal procedures, a sheriff sale of the unit can occur and proceeds applied to pay creditors (this is a serious, last-resort option). In extreme cases the body corporate has in the past applied for sequestration of a debtor; sequestration can result in sale by the trustee of the insolvent estate so creditors are paid in order provided by insolvency law.

Important—transfer and the “levy clearance”: a conveyancer must certify (under s.15B of the Sectional Titles Act) that the seller’s levies are paid or secured; in practice a body corporate can therefore block transfer of a unit where levies are unpaid — the levy-clearance process is powerful leverage. Courts have also limited unlawful use of clearance certificates to force unrelated compliance: the certificate may be withheld for unpaid amounts but should not be used to coerce compliance with non-financial matters. Recent case law therefore requires trustees to use the clearance mechanism correctly.

5) Costs and interest — who pays what?

  • Interest on arrears: PMRs permit charging interest on overdue levies, but interest must be set by a trustee resolution and must not exceed the maximum rate set under the National Credit Act (and should be applied in line with the PMRs). That prevents unreasonable “penalty” interest.
  • Legal fees & collection expenses: if the scheme’s rules permit it and the costs are reasonable, legal and collection costs can be recovered from the defaulting owner as part of the debt. The courts assess reasonableness if contested. If some costs are disallowed, the shortfall may have to be met from the administrative account (i.e., by other owners).

6) Special situations — tenant, sequestration, mortgage bondholder

  • Tenant / rental income: CSOS orders can in some circumstances direct a tenant to pay rent directly to the body corporate until arrears are cleared (co-respondent procedures apply). This is useful when owners rent out units and do not pay levies.
  • Sequestration / insolvency of owner: if the owner is sequestrated, the body corporate becomes a creditor in the insolvent estate. Sometimes bodies corporate have sought sequestration to enforce payment; the insolvency process can result in the sale of the unit and levies being paid as a cost of realisation in priority over some claims.
  • Bondholders (banks): a mortgage bondholder’s secured claim usually ranks ahead of ordinary levy claims in many execution contexts, but depending on rules of insolvency and sale procedures, the levy claim can sometimes be treated as a “cost of realisation” — specifics depend on the facts and court orders.

7) Why recovering levies matters — the practical reasons (short & long term)

  1. Cash-flow & service continuity: levies pay common-area electricity, water, security, cleaning and insurance. Without funds these services fail immediately. (Schemes still have mortgage-like bills to pay.)
  2. Fairness & moral hazard: unpaid levies shift costs to paying owners and encourage more defaults if unchecked. Prompt recovery discourages deliberate non-payment.
  3. Property values & maintenance: chronic arrears cause deferred maintenance, which lowers rental/value and makes the scheme less attractive to buyers.
  4. Insurance & legal risk: if the body corporate can’t pay insurance premiums or municipal accounts because of levy shortfalls, everyone is exposed to much higher risk and costs.

8) Practical, usable tips for trustees (to prevent and manage arrears)

  • Adopt clear levy and collection rules in the conduct rules and record trustee resolutions for interest and recovery steps.
  • Communicate early and often: consistent monthly statements, and a short first-reminder timeline, cut down disputes later. Keep a clear ledger.
  • Use payment plans sensibly: where owners are genuinely struggling, a documented payment arrangement (written and signed) often yields better returns than immediate litigation.
  • Use CSOS before costly litigation: CSOS adjudication can be quicker and cheaper for disputes and payment orders.
  • If you go legal, check recoverability: instruct lawyers who specialise in sectional-title levy recovery and confirm what costs are likely to be recovered if a matter goes to judgment.

9) What owners should do if they can’t pay

  • Tell the trustees early and propose a realistic plan — trustees are often willing to avoid litigation if a sustainable plan is proposed.
  • Don’t ignore final demands or court papers — once judgment is granted, enforcement remedies are real and can include garnishee orders or execution against the unit.

Lake Properties Pro-Tip

Treat levy recovery like managing a building’s “cash arteries” — act early, document everything, and balance firmness with practical repayment options. A small amount recovered early (plus a reasonable repayment plan) usually saves the scheme far more in legal fees, distress and lost value than chasing a large debt later.

If you know of anyone who is thinking of selling or buying property,in Cape Town,please call me 

Russell Heynes 

Lake Properties 

083 624 7129 

ww.lakeproperties.co.za 

info@lakeproperties.co.za 

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Can a property owner make a loan against the property the property that he owns.Is it advisable to do so?


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Making a Loan Against Your Property

When you own a property, the bank sees it as a secured asset. If your home is worth more than what you currently owe on the bond, you effectively have equity in the property. A bank may allow you to access this equity by either:

  • Registering a further bond (a new loan amount registered against the property).
  • Re-advancing on your existing facility (if you paid extra into your bond).

For example, if your house is valued at R2 million and you only owe R1 million, you could potentially access a portion of that R1 million “gap” as a loan.


Is It Advisable?

It depends on why you’re borrowing:

Good Reasons

  • Renovating or upgrading the property (which often boosts its market value).
  • Consolidating high-interest debts (credit cards, personal loans) into a lower-interest home loan.
  • Funding a long-term investment (like buying another property).

⚠️ Risky Reasons

  • Borrowing against your home to fund lifestyle expenses (holidays, cars, entertainment).
  • Using it as “easy money” without a repayment plan.

From a bond originator’s perspective, this type of borrowing makes sense if the loan is being used to increase value or reduce overall financial strain. The bond rate is almost always lower than unsecured credit, so it can be a smart financial move—but only if you stay disciplined about repayment.


Human Perspective

Think of your property like a “financial safety net.” It’s something you worked hard to secure, and tapping into its value can open doors. But it’s also your home, your foundation—so using it as collateral is not a decision to take lightly. Borrow smart, not out of impulse.


Lake Properties Pro-Tip

If you’re considering a further bond, speak to a bond originator before going straight to your bank. We can compare offers from multiple lenders, check how much equity you can realistically access, and ensure the repayment terms won’t strain your budget. This way, you’re not just borrowing money—you’re making a strategic move that protects both your property and your financial future.

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Is there any other alternative financing options when buying a house or must you go through the bank

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Lake Properties                    Lake Properties

Let’s go into more detail and compare the main alternative financing options to a normal bank bond when buying a house in South Africa:


⚖️ Alternative Financing Options for Buying a House

1. Bank Bond (Traditional Mortgage) – The Benchmark

  • How it works: You borrow from a bank, repay in monthly instalments (usually 20–30 years), and the property is registered in your name immediately.
  • Advantages:
    • Long repayment term = lower monthly instalments.
    • Interest rates usually lower than private lending.
    • Property is legally yours from day one.
  • Disadvantages:
    • Strict credit checks and affordability requirements.
    • Requires a good credit record and often a deposit.
    • Can take time for approval.

2. Instalment Sale (Seller Financing)

  • How it works: Buyer pays the seller directly in monthly instalments over an agreed term (regulated by the Alienation of Land Act 68 of 1981). Title only transfers once full amount is paid.
  • Advantages:
    • No bank approval needed.
    • Can be flexible with interest and repayment terms.
    • Helps buyers who don’t qualify for a bond.
  • Disadvantages:
    • Buyer does not get the title deed until full payment is made.
    • Higher risk of losing the property if you default.
    • Must be properly registered with the Deeds Office to be legal.

3. Rent-to-Own / Hire Purchase

  • How it works: You rent the property for a fixed period with an option to buy later. Part of your rent may go towards the purchase price.
  • Advantages:
    • Try before you buy.
    • Time to improve credit before final purchase.
    • No big upfront deposit in many cases.
  • Disadvantages:
    • Usually more expensive than buying outright.
    • If you don’t exercise the option, you lose the extra payments.
    • Still need finance at the end to complete the purchase.

4. Private Lenders / Investors (Hard Money Loans)

  • How it works: Borrow money from individuals, companies, or investment groups rather than a bank.
  • Advantages:
    • Flexible terms compared to banks.
    • Faster approval, less paperwork.
  • Disadvantages:
    • Much higher interest rates.
    • Shorter repayment periods.
    • Risk of losing property quickly if you default.

5. Pension/Retirement Fund Loans

  • How it works: Some retirement funds allow you to use your retirement savings as security for a housing loan.
  • Advantages:
    • Lower interest (linked to prime).
    • No need for traditional bank credit approval.
    • Keeps repayment “in-house” within your fund.
  • Disadvantages:
    • Reduces your retirement savings until repaid.
    • Not all pension funds allow this option.
    • Still must be paid back in full before leaving employment.

6. Government Housing Assistance – FLISP Subsidy

  • How it works: The government gives a subsidy to first-time buyers earning between R3,501 – R22,000/month. It reduces the size of your bond or deposit.
  • Advantages:
    • Reduces your monthly repayment significantly.
    • Helps lower- to middle-income households afford property.
  • Disadvantages:
    • Only for first-time buyers.
    • You must still qualify for a bond (subsidy works with the bank).

7. Developer Finance / In-House Loans

  • How it works: Some property developers offer their own financing schemes for buyers in their developments.
  • Advantages:
    • Flexible terms, sometimes no deposit.
    • Easier for first-time buyers.
  • Disadvantages:
    • Limited to certain developments.
    • Often more expensive than a bank bond.

8. Partnerships / Co-ownership

  • How it works: Two or more people pool resources to buy a property together.
  • Advantages:
    • Easier affordability (split costs).
    • Good for investment properties.
  • Disadvantages:
    • Risk of disputes between partners.
    • Requires a legal co-ownership agreement.

📊 Comparison Table

Financing Option Ownership Registered Immediately? Credit Check? Cost (Interest/Fees) Risk Level Best For
Bank Bond ✅ Yes ✅ Strict 💲 Normal/Lowest 🔹 Low Buyers with good credit
Instalment Sale ❌ No (until full payment) ❌ Flexible 💲 Medium 🔴 Higher Buyers who don’t qualify for a bond
Rent-to-Own ❌ No (until end of term) ❌ Flexible 💲 Higher 🔴 Higher Buyers building credit while renting
Private Lenders ✅ Yes (but lender may hold security) ❌ Easy 💲 Very High 🔴 High Urgent buyers / those rejected by banks
Pension Fund Loan ✅ Yes ❌ Limited 💲 Low/Medium 🔹 Medium Employees with strong pension fund
FLISP Subsidy ✅ Yes ✅ Yes 💲 Reduces bond 🔹 Low First-time low-income buyers
Developer Finance ✅ Yes ❌ Flexible 💲 Medium/High 🔹 Medium First-time buyers in new developments
Partnership/Co-Own ✅ Yes ✅ Shared 💲 Depends 🔹 Medium Families, friends, investors

✅ In short:

  • If you qualify for a bond, it’s still the safest and cheapest option.
  • If you don’t qualify, instalment sale, rent-to-own, or pension fund loans may be your way in.
  • If you’re a first-time buyer, check if you qualify for FLISP before anything else.

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30 things you should not do when buying property

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