Category: BC and HOAs

Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Contravening HOA rules: Severe penalty imposed

Silver Lakes Homeowners Association v CJL When considering issue of contravening HOA rules must adjudicator play an active role in actual process? “[21] I turn finally to the conclusion made by the adjudicator that the...

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Defamatory statements confirmed: Body Corporate liable

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

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Agreeing to arbitrate dispute: Special pleas rejected

Kotzen NO v Thorn Valley Estate Homeowners Association NPC By agreeing to arbitrate a dispute are parties entitled to an actual outcome as opposed to a process?  “19. These and similar complaints are the high water mark of...

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Compelling clearance certificate: Causes of action explained

Body Corporate of Marsh Rose v Steinmuller When is compelling clearance certificate possible after unit bought at sale in execution and there are still monies owing to body corporate by way of levies and costs? “[29] To...

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Deciding dispute merits: Res judicata and issue estoppel?

Compeg Services (Pty) Ltd v Sharon Park Lifestyle Estate (NPC) Can CSOS resolve claim for damages which depends on deciding merits of any dispute in terms of the CSOS Act? “4 It seems to me that Compeg’s claim for damages...

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Reimbursing Body Corporate: Owner’s right to litigate?

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,...

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Approving building plans: Resolutions disputed?

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,...

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Serious unbecoming conduct: Trust relationship destroyed

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,...

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Interdicting harassing behaviour: SLAPP application?

Body Corporate Assistance Gauteng (Pty) Ltd v PT (Central Square) In interdicting harassing behaviour of owners when should body corporate managers anticipate disputes of facts and issue summons? “[14] I have had an...

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Extending collective agreements: Majoritarian bargaining?

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,...

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Absence of proper hearing: CSOS ombud ruling

Silverlakes Homeowners Association v Community Schemes Ombud Service When will HC set aside adjudication award involving absence of proper hearing and application of audi alteram partem principle? “[22] The...

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