South Africa Case Law

Reddy and Another v Cedar Lakes Homeowners Association NPC and Others (A018904/2022)

Reddy and Another v Cedar Lakes Homeowners Association NPC and Others (A018904/2022) [2024] ZAGPJHC 468 (17 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A018904/2022

Judges

Van Vuuren, Dlamini

The High Court upheld an appeal under the CSOS Act, finding that relevant evidence of inconsistent approval in a homeowners association was wrongly ignored.

• Community Schemes Ombud Service Act
• Adjudicator Powers
• Due Process
• Evidence Relevance
• Homeowners Association Rules
• Community-schemes-ombud-service-act

Montrose Mews Body Corporate v Community Schemes Ombud Services and Others (A43/2022)

Montrose Mews Body Corporate v Community Schemes Ombud Services and Others (A43/2022) [2023] ZAGPPHC 1827 (13 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

A43/2022

Judges

MPN MBONGWE, JS NYATHI

The High Court upheld an appeal against a CSOS adjudicator’s order, finding the adjudicator exceeded her powers and that the extension did not meet statutory requirements.

• Community Schemes Ombud Service Act
• Sectional Titles Act
• Jurisdiction Of Ombud
• Adjudicator Powers
• Scheme Governance
• Building Extensions

Ncala v Park Avenue Body Corporate (A3029/2019)

Ncala v Park Avenue Body Corporate (A3029/2019) [2023] ZAGPJHC 390 (28 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3029/2019

Judges

T Ossin, MMP Mdalana-Mayisela

The court held that it does not have a general power to condone non-compliance with the statutory time period for appeals under section 57(2) of the Community Scheme Ombud Service Act, nor does section 57(2) contain an implied power to condone late appeals. The appellant failed to provide a satisfactory explanation for the delay in seeking condonation and did not demonstrate reasonable prospects of success on the merits. The relief sought by the appellant, including declarations of constitutional infringements and orders for reasonable accommodation, was found to be incompetent under the Act,…

Source excerpt

• Community Scheme Ombud Service Act
• Condonation Of Late Appeal
• Adjudicator Powers
• Constitutional Rights In Property Disputes
• Costs In Constitutional Litigation

Village Walk Retirement HOA v Hughes and Others

Village Walk Retirement HOA v Hughes and Others [2023] ZAGPPHC 153; A 60/2022 (1 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

A 60/2022

Judges

Swanepoel, Greyvenstein

The High Court upheld an HOA’s appeal, finding the adjudicator improperly resolved a factual dispute only on the papers and set aside the ruling.

• Community Schemes Ombud Service Act
• Adjudicator Powers
• Dispute Of Fact
• Costs Award
• Community-schemes-ombud-service
• Adjudicator-powers

Stenersen and Tulleken Administration CC v Linton Park Body Corporate and Another (A3034/2018)

Stenersen and Tulleken Administration CC v Linton Park Body Corporate and Another (A3034/2018) [2019] ZAGPJHC 387; 2020 (1) SA 651 (GJ) (24 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A3034/2018

Judges

K E Matojane, L R Adams, P L Nobanda

The Full Court held that an appeal under section 57 of the CSOS Act is an appeal in the ordinary strict sense, limited to questions of law. The High Court is confined to the record before the adjudicator and the reasons for the order. The appeal does not permit a re-hearing of factual issues or the introduction of new evidence. The procedure for such appeals is to bring them by way of notice of appeal, setting out the grounds succinctly, and serving the notice on the respondent parties by the sheriff. Both the adjudicator and CSOS must be cited as respondents. The adjudicator or CSOS may file…

Source excerpt

• Community Schemes Ombud Service Act
• Statutory Appeal
• Appeal On Question Of Law
• Practice Directives
• Adjudicator Powers