Maxiprops 1041 (Pty) Ltd v Gauteng Master Builder Association and Others (22327/2018) [2020] ZAGPPHC 198 (27 May 2020)

Maxiprops 1041 (Pty) Ltd v Gauteng Master Builder Association and Others (22327/2018) [2020] ZAGPPHC 198 (27 May 2020)

The applicant lacks locus standi to bring the application directly, as section 25(6) of the Sectional Titles Act vests the right of extension in the body corporate, not individual members. The statutory scheme requires that an aggrieved owner must first serve notice on the body corporate and, if the body corporate fails to act, apply for the appointment of a curator ad litem to institute proceedings on behalf of the body corporate. The applicant did not follow this procedure and cannot bypass the statutory requirements by relying on the deed of sale. The refusal of consent by the respondents does not entitle the applicant to direct relief from the court. The application is dismissed for...

Citation
[2020] ZAGPPHC 198
Parties
Applicant: Maxiprops 1041 (Pty) Ltd; Respondent: Gauteng Master Builder Association; Respondent: Master Builder Association; Respondent: Mazembe Construction (Pty) Ltd; Respondent: TW van den Heever N.O.; Respondent: Quintin Simon Joseph N.O.; Respondent: Association of Architectural Aluminium Manufactures of South Africa; Respondent: Construction Park Body Corporate; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 May 2020
Case Number
22327/2018
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Sardiwalla
Legal Topics
Sectional Titles Act, Locus Standi, Body Corporate Powers, Real Right of Extension, Internal Remedies, Curator Ad Litem
Land and Property Civil Procedure Sectional Titles Act Locus Standi Body Corporate Powers Real Right of Extension Internal Remedies Curator Ad Litem

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Maxiprops 1041 (Pty) Ltd

Applicant

Gauteng Master Builder Association

Respondent

Master Builder Association

Respondent

Mazembe Construction (Pty) Ltd

Respondent

TW van den Heever N.O.

Respondent

Quintin Simon Joseph N.O.

Respondent

Association of Architectural Aluminium Manufactures of South Africa

Respondent

Construction Park Body Corporate

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to enforce the right of extension under section 25(6) of the Sectional Titles Act.
  2. 2 Whether the applicant is entitled to relief without exhausting internal remedies under section 41 of the Sectional Titles Act and section 9 of the Sectional Titles Schemes Management Act.
  3. 3 Whether the refusal of consent by respondents permits the applicant to approach the court directly.

Ratio Decidendi

The applicant lacks locus standi to bring the application directly, as section 25(6) of the Sectional Titles Act vests the right of extension in the body corporate, not individual members. The statutory scheme requires that an aggrieved owner must first serve notice on the body corporate and, if the body corporate fails to act, apply for the appointment of a curator ad litem to institute proceedings on behalf of the body corporate. The applicant did not follow this procedure and cannot bypass the statutory requirements by relying on the deed of sale. The refusal of consent by the respondents does not entitle the applicant to direct relief from the court. The application is dismissed for...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.