Sanctions in terms of the South African Sectional Titles Act and the German Wohnungseigentumsgesetz: should the South African statute be given equally sharp teeth?

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Title:	Sanctions in terms of the South African Sectional Titles Act and the German Wohnungseigentumsgesetz: should the South African statute be given equally sharp teeth?
Author:	Van der Merwe, C.G.
Year:	1993
Periodical:	The Comparative and International Law Journal of Southern Africa
Volume:	26
Issue:	1
Pages:	85-97
Language:	English
Geographic term:	South Africa
Subjects:	real property housing improvement
Abstract:	The South African Sectional Titles Act of 1986 and the German 'Wohnungseigentumsgesetz' of 1951 both impose several obligations on an apartment owner. The success or failure of a particular apartment ownership scheme depends to a large extent on the cooperation and support rendered by its members. Repeated failure to contribute to common expenses may hamper timeous maintenance, while chronic troublemakers can destroy the social harmony of the scheme. In this article sanctions in terms of the Sectional Titles Act are compared with sanctions in terms of the 'Wohnungseigentumsgesetz'. Since the South African statute is constantly criticized as a statute without teeth, and since existing sanctions are regarded as ineffective to secure financial stability and social harmony, a large part of the article is devoted to the German sanction in terms of which a chronic troublemaker can in appropriate circumstances be compelled to sell his apartment. In the light of this sanction the author considers whether a similar mechanism should be introduced in the law of South Africa. Notes, ref.