STSMA 10 Archives - GilesFiles

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,...

Disconnecting essential services: Constitutionality contested

by GilesFiles | Apr 12, 2024 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Body C Manage, Causes and defences, Community schemes, Contractual breach, Courts, Declaratory, Evidence & onus, High Court, High Court judges, 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,...

Mixed-use community scheme: Various orders made

by GilesFiles | Jan 17, 2023 | 2020 onwards, Appeals, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, PAJA 2000, 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,...

Management rules disputed: Special rules adopted

by GilesFiles | Dec 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs awarded, Courts, Declaratory, Differentiation not discrimination, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Res judicata (issue estoppel), 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,...

Management rules disputed: Special rules adopted

by GilesFiles | Dec 12, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs awarded, Courts, Declaratory, Differentiation not discrimination, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Res judicata (issue estoppel), 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,...

Disconnecting municipal utilities: Absence of right

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Bill of Rights, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, General, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others What constitutional rights may be infringed when a body corporate seeks an order disconnecting municipal utilities? “15 Thirdly, and probably most importantly, the relief that Lion...

Terminating management agreement: Agency lawfully revoked

by GilesFiles | May 26, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Costs punitive, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, Specific performance, 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,...

CSOS must adjudicate: High Court lacks jurisdiction

by GilesFiles | Jan 21, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, Sectors, self-created urgency, Statutory, Topics | 0 |

Wingate Body Corporate v NP Must all disputes regarding administration of a community scheme be referred to CSOS to allow it to adjudicate them? “[10] In terms of section 3 of the CSOS Act, the purpose and function of the...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Common law, Community schemes, Costs, Courts, Disallowed, General, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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...

Compromise erroneously concluded: Ultra vires statute

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Regulations, Sectors, Statutory, Topics | 0 |

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...

Exclusive use areas: Ordering transfer to owners

by GilesFiles | Aug 31, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Diaz Hotel and Resort (Pty) Ltd v BC: Vista Bonita Sectional Titles Scheme In considering exclusive use areas a full bench of the Cape high court stated that “owners of sections to whom such use rights have been...

Appealing adjudicator order: Management rules interpreted

by GilesFiles | Jun 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Regulations, 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,...

Tag: STSMA 10