Category: Community housing schemes

Terminating management agreement: Agency lawfully revoked

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Trustees instituting action: Must use Ombud service

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Invalid unlawful provision: Clause violated rights?

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Outdoor advertising signs: Building standards unconstitutional?

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Holding occupational rights: Consent to alienation?

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Resolution determining levies: Actual cause of action?

Body Corporate of Kleber v Obakeng Must a body corporate notify an owner that levies are in arrears after the passing of a resolution determining the amount of the levies? “13. Even if, in a given example, it was so that...

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Reviewing resolution of trustees: Common law not PAJA

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

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Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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Levy clearance certificate: Dissent – refusal to issue?

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

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Compromise erroneously concluded: Ultra vires statute

Z v Body Corporate of Selma Court Compromise erroneously concluded because the language used in section 3(1)(c) of the STSMA “imposes a positive obligation on the body corporate to collect levies and contributions – the...

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Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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