South Africa Case Law

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659)

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659) [2024] ZAGPJHC 931 (11 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2022/011659

Judges

JL Bhengu, Wanless

High Court appeal under the CSOS Act dismissed after condonation failed and the appellant could not show legal error in the adjudicator’s fence-fencing ruling.

• Community Schemes Ombud Service Act
• Condonation
• Architectural Guidelines
• Penalty Clauses
• Audi Alteram Partem
• Promotion Of Administrative Justice Act

Mashakgomo and Another v Thorn Field Park Home Owners Association NPC and Another (49485/2020)

Mashakgomo and Another v Thorn Field Park Home Owners Association NPC and Another (49485/2020) [2023] ZAGPPHC 672 (7 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

49485/2020

Judge

Sardiwalla

The High Court granted an urgent interim interdict allowing the applicants to complete outstanding building work, pending review of the roof-plan refusal.

• Urgent Interdict
• Architectural Guidelines
• Natural Justice
• Building Regulations
• Review Of Administrative Action
• Urgent-interdict

Wilds Homeowners' Association NPC v Pillay and Others

Wilds Homeowners' Association NPC v Pillay and Others [2023] ZAGPPHC 242; 33571/2022 (12 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The court found that the applicant failed to prove the pergola was unlawfully erected, as the plans were approved by both the applicant and the municipality, with the encroachment being evident at the time of approval. The applicant’s case changed materially in its replying affidavit, which is impermissible and prejudicial to the respondents. Expert evidence established that the pergola is an open structure, and the applicant provided no contrary expert testimony. The relief sought against the municipality is incompetent, as only the local authority or Minister may seek demolition under the B…

Source excerpt

• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Mandamus

Wilds Homeowners Association NPC v Pillay and Others

Wilds Homeowners Association NPC v Pillay and Others [2023] ZAGPPHC 226; 33571/2022 (9 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The High Court dismissed a homeowners’ association’s bid to demolish part of a pergola alleged to encroach on a building line, finding the case changed in reply and no unlawfulness was proved.

• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Building-standards-act

Bushwillow Park Home Owners v Fernandes and Others (2014/31526)

Bushwillow Park Home Owners v Fernandes and Others (2014/31526) [2015] ZAGPJHC 250 (23 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/31526

Judge

Roland Sutherland

The High Court held that the estate rules required prior approval for exterior paint colours and ordered the homeowners to repaint at their own expense.

• Homeowners Association Rules
• Specific Performance
• Interpretation Of Contracts
• Architectural Guidelines
• Homeowners-association-rules
• Specific-performance