Category: Body corporates

Adjudication statutory appeal: Claim outside jurisdiction

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Appealing adjudicator order: Management rules interpreted

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Conduct rule disputed: Bypassing Ombud?

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

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Without prejudice rule: Striking out irregular step

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Actio communi dividundo: Co-ownership of property

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

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Faulty foundations constructed: Special resolution needed?

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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Repaying amounts deducted: Conduct rules examined

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

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Levy payments absolved: Unlawful resolution?

Body Corporate of Bains Game Lodge v Bainsvlei Lodges (Pty) Ltd In considering whether owners could be absolved from levy payments  the high court decided that  ‘the interlocutory order sought would not push this matter or...

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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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Adjusting levies considered: Exclusive use of gardens areas

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Hopeless baseless application: Hypothetical abstract academic

Mashishi v Riverview Body Corporate Labour court regarded application as hopeless and baseless after stating that it ‘appears that the applicants were employed as security guards. During August 2017 the first respondent...

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Body corporate ban: Unlawful – external party

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

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