Body Corporate of Marine Sands v Extra Dimensions 121 (Pty) Ltd (1082/2018)
Body Corporate of Marine Sands v Extra Dimensions 121 (Pty) Ltd (1082/2018) [2019] ZASCA 161; 2020 (2) SA 61 (SCA) (28 November 2019)
The Supreme Court of Appeal held that the respondent was 'adversely affected' by the special resolution, as its levy liability more than doubled, which is both unfavourable and disadvantageous. The court rejected the appellant's argument that fairness justified the modification without consent, emphasizing that statutory interpretation must adhere to the ordinary meaning of the words used by the legislature. The requirement for written consent under s 32(4) of the Sectional Titles Act is triggered when an owner's proprietary rights are diminished, such as by an increased levy burden. The reso…
Source excerpt
- Sectional Titles Act
- Statutory Interpretation
- Levy Liability
- Special Resolution
- Adverse Effect
- Ultra Vires