BC and HOAs Archives

Body corporate administrator: When to appoint?

by GilesFiles | Feb 27, 2026 | 2020 onwards, Applications, BC and HOAs, Cause of action defined, Causes and defences, Community schemes, Consumer protection, Costs, Costs awarded, Courts, Declaratory, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Breaching fiduciary duty: Trustee misconduct?

by GilesFiles | Feb 13, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Cause of action defined, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reasonably accommodate disability: Equality and dignity?

by GilesFiles | Feb 12, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Setting aside writ: Execution invalidity?

by GilesFiles | Jan 29, 2026 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Consumer protection, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SDJ Wilson, Sectors, staying proceedings, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unreasonable community contributions: Unconstitutionality?

by GilesFiles | Jan 14, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Appropriate electricity tariff: Business or domestic?

by GilesFiles | Dec 15, 2025 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, P Coppin, Parties, Regulations, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Departure from architectural rules: Lawful, reasonable and fair?

by GilesFiles | Oct 9, 2025 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, granted, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Separating legal issues: When inconvenient?

by GilesFiles | Aug 5, 2025 | 2020 onwards, AB - Law generally, Applications, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Topics | 0 |

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Hijacked building liberated: Interim order granted

by GilesFiles | Jul 25, 2025 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, HC Uniform, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Taking exception to claim: Necessary averments re levies?

by GilesFiles | Jul 23, 2025 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Checklists, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

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Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Passing special resolution: Essential levy requirement

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: BC and HOAs