Community schemes Archives

Departure from architectural rules: Lawful, reasonable and fair?

by GilesFiles | Oct 9, 2025 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, granted, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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,...

Exclusive use areas: Old and new provisions

by GilesFiles | Sep 29, 2025 | 2020 onwards, AP - Community schemes, Applications, Associations/corporates, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Granted, granted, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Statutory, Topics | 0 |

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,...

Separating legal issues: When inconvenient?

by GilesFiles | Aug 5, 2025 | 2020 onwards, AB - Law generally, Applications, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Topics | 0 |

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,...

Hijacked building liberated: Interim order granted

by GilesFiles | Jul 25, 2025 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, HC Uniform, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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,...

Taking exception to claim: Necessary averments re levies?

by GilesFiles | Jul 23, 2025 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Checklists, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

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,...

Encroaching boundary wall: Compensation equitable solution

by GilesFiles | Jul 2, 2025 | 2020 onwards, AP - Community schemes, Applications, Causes and defences, Community schemes, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Topics | 0 |

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,...

Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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,...

Passing special resolution: Essential levy requirement

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Disconnecting power supply: Outstanding levies

by GilesFiles | Jan 3, 2025 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Extension of sectional scheme: Approval of owners?

by GilesFiles | Dec 9, 2024 | 2020 onwards, Allowed, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Clean hands doctrine: Sectional title transfer

by GilesFiles | Nov 18, 2024 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs against non-party, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, Sectors, Statutory, Topics | 0 |

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,...

Penalty levies considered: Purchase from developer?

by GilesFiles | Nov 12, 2024 | 2020 onwards, Anna Maleshane Kgoele, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Declaratory, Disallowed, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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,...

Category: Community schemes