Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale (303/02) [2003] ZASCA 50; 2003 (6) SA 440 (SCA) (22 May 2003)

Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale (303/02) [2003] ZASCA 50; 2003 (6) SA 440 (SCA) (22 May 2003)

The Supreme Court of Appeal held that section 36(6) of the Sectional Titles Act does not confer locus standi on a body corporate to claim damages for harm caused to individual units owned by separate members. The relevant statutory provisions only authorize the body corporate to act in respect of common property or matters for which it is directly responsible. The obligation to repair and maintain individual units lies with the individual owners, not the body corporate, except in limited statutory circumstances. The fact that the body corporate is required to insure the buildings does not extend its authority to claim damages for individual units. The respondent, therefore, lacked...

Citation
[2003] ZASCA 50
Parties
Appellant: Stad Tshwane Metropolitaanse Munisipaliteit (formerly known as Stadsraad van Pretoria); Respondent: Body Corporate Faeriedale
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 May 2003
Case Number
303/02
Procedural Posture
Civil Appeal / Appeal From Provincial Division
Outcome
Appeal upheld; respondent's claim dismissed with costs.
Judges
Streicher, Navsa, Cloete, Jones, Shongwe
Legal Topics
Sectional Titles Act, Locus Standi, Damage to Property, Insurance Subrogation
Land and Property Civil Procedure Sectional Titles Act Locus Standi Damage to Property Insurance Subrogation

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Parties

Stad Tshwane Metropolitaanse Munisipaliteit (formerly known as Stadsraad van Pretoria)

Appellant

Body Corporate Faeriedale

Respondent

Procedural Posture

Civil Appeal / Appeal From Provincial Division

Legal Issues

  1. 1 Does the body corporate of a sectional title scheme have the authority to claim damages for harm caused to individual property owners' units by a third party?
  2. 2 Does section 36(6) of the Sectional Titles Act confer locus standi on the body corporate to sue for damages to individual units?
  3. 3 Is the body corporate obliged to repair individual property under the Act?

Ratio Decidendi

The Supreme Court of Appeal held that section 36(6) of the Sectional Titles Act does not confer locus standi on a body corporate to claim damages for harm caused to individual units owned by separate members. The relevant statutory provisions only authorize the body corporate to act in respect of common property or matters for which it is directly responsible. The obligation to repair and maintain individual units lies with the individual owners, not the body corporate, except in limited statutory circumstances. The fact that the body corporate is required to insure the buildings does not extend its authority to claim damages for individual units. The respondent, therefore, lacked...

Court Disposition

Appeal upheld; respondent's claim dismissed with costs.

Orders

  • The appeal succeeds with costs.
  • The order of the court a quo is set aside and replaced with: 'The plaintiff's claim is dismissed with costs.'