Category: Body corporates

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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Conduct rules breached: Refused CSOS Act s 57 appeal

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Adversely affected interpreted: Sectional titles

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Ombud statutory appeal: CSOS Act s57 procedure

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

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Sectional title deprivation: Letting and conduct rules

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Interdicting braai nuisance: Communal housing development

Red Ant Relocation and Eviction Services v CrouseInterdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being sought.  “I am not...

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Use conversion considered: garage to living area

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Body corporate alterations: Appropriate dispute forum

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Adjudication error rectified: Ombud questions of law

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Sectional title owners: Disagreement within body corporate

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

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Legitimate expectation test: Derogation in property value

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