Category: Homeowners associations

Property partner agreement: Estate agents or not?

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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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Lodge members’ proxies at any time before meeting

The SCA disallowed the appeal of a member of a Homeowners Association who disputed the validity of various resolutions taken at a meeting of members.  The dispute concerned the validity of proxies.  Section 58(1) of the...

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Fines not levies: Serve different purposes

Serengeti Golf and Wildlife Property Owners Association NPC v Lessing (2014/16228) [2017] ZAGPJHC 8 (10 February 2017) per Adams J. The high court decided that the purpose of a fine or penalty is to enforce rules, unlike levies...

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Non-variation clauses: Issue of public policy

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Unsold erven levies: Developer liable to HOA

Sable Hills Waterfront Estate Home Owners’ Association NPC v Sable Hills Waterfront Estate CC (39635/2013) [2015] ZAGPPHC 831 (10 December 2015) per Fabricius J. The High Court found in favour of the Home Owners’...

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Unsold erven levies: Developer liable to HOA

Heritage Hill Devco (Pty) Ltd v Heritage Hill Homeowners Association (A541/13) [2015] ZAGPPHC 310 ; 2016 (2) SA 387 (GP) (24 April 2015) per Baqwa J [Rabie and Legodi J concurring] A full bench of the High Court disallowed the...

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Waiver of rights: Conduct inconsistent with rules

Buffelsdrift Game Reserve Owner’s Association v Holkom (58258/2013) [2014] ZAGPPHC 474 (7 July 2014) per Baqwa J. The High Court refused to interdict some owners from keeping pets in contravention of the association’s...

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