Category: Homeowners associations

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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Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Double-barrelled approach: Appeal and review

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

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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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Providing security considered: Adopt strict approach

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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Sectional title deprivation: Letting and conduct rules

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Property partner agreement: Estate agents or not?

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Interdicting braai nuisance: Communal housing development

Red Ant Relocation and Eviction Services v Crouse Interdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being sought.  Essence...

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Adjudicator lacked jurisdiction: Rates rebate dispute

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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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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