South Africa Case Law

SS Glen High v Kruger NO (2023/055133)

SS Glen High v Kruger NO (2023/055133) [2024] ZAGPJHC 1059 (10 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055133

Judge

De Beer

The court found that the deponent, as manager of the managing agent, had sufficient personal knowledge of the applicant's claim, supported by access to records and the nature of his duties. The respondent did not dispute the authenticity or correctness of the documents or the computed amounts. The court held that the delivery of a section 34(1) notice under the Administration of Estates Act does not bar the applicant from instituting action, as common-law remedies remain available. Regarding the inclusion of untaxed legal costs, the court relied on the Supreme Court of Appeal's decision in Ma…

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• Sectional Titles Schemes Management Act
• Summary Judgment
• Liquidated Claims
• Body Corporate Powers
• Administration Of Estates Act

Body Corporate Ashwood Manor v MacGregor (027545/2023)

Body Corporate Ashwood Manor v MacGregor (027545/2023) [2023] ZAGPJHC 1394 (30 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

027545/2023

Judge

N Manoim

The High Court granted leave to appeal on whether a body corporate may disconnect electricity for arrears, citing uncertainty in the division and public interest.

• Sectional Titles Management Act
• Body Corporate Powers
• Utility Disconnection
• Leave To Appeal
• Enforcement Of Rules
• Sectional-titles

Body Corporate Ashwood Manor v Macgregor (027545/2023)

Body Corporate Ashwood Manor v Macgregor (027545/2023) [2023] ZAGPJHC 1153 (13 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

027545/2023

Judge

N Manoim

The High Court refused a body corporate’s request to authorize electricity disconnection for arrears, holding no legal power was shown for that relief.

• Sectional Title Scheme
• Body Corporate Powers
• Utility Disconnection
• Arrear Levies
• Sectional-title-scheme
• Body-corporate-powers

Henque 1838 CC v Maxprop Holdings (Pty) Ltd and Others (759/2022)

Henque 1838 CC v Maxprop Holdings (Pty) Ltd and Others (759/2022) [2023] ZASCA 131 (12 October 2023)

Court

Supreme Court of Appeal

Case number

759/2022

Judges

Ponnan, Meyer, Goosen, Molefe, Mali

The claims asserted by the appellant for repayment of funds and correction of financial statements are claims belonging to the body corporate under section 2(7) of the Sectional Title Schemes Management Act. The appellant, as a sectional title owner, was required to follow the statutory procedure set out in section 9, which includes serving written notice on the body corporate and, if necessary, applying for the appointment of a curator ad litem. The appellant did not comply with these requirements and did not establish a direct and substantial interest in the relief claimed. The loss alleged…

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• Sectional Title Schemes Management Act
• Locus Standi
• Curator Ad Litem
• Body Corporate Powers
• Levy Calculation

Redefine Properties Ltd v Intrepid Heights (Pty) Ltd and Others (08481/2021)

Redefine Properties Ltd v Intrepid Heights (Pty) Ltd and Others (08481/2021) [2023] ZAKZDHC 95 (14 June 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

08481/2021

Judge

Steyn

The court found that the resolutions passed at the Special General Meeting on 5 March 2021 were not validly adopted in accordance with the Sectional Titles Schemes Management Act or the prescribed management rules. The purported modification of the method for charging electricity consumption, and the retrospective adjustment of levy accounts, were not effected by a proper special resolution of the members, nor was the written consent of adversely affected owners obtained. The body corporate is statutorily obliged to collect levies as raised and may not refund or retrospectively adjust contrib…

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• Sectional Titles Schemes Management Act
• Levy Liability Modification
• Participation Quota
• Body Corporate Powers
• Special And Unanimous Resolutions

Tapuch v Trustees For The Time Being of S H Body Corporate 3 and Others (29978/2022)

Tapuch v Trustees For The Time Being of S H Body Corporate 3 and Others (29978/2022) [2022] ZAGPPHC 811 (24 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

29978/2022

Judge

E van der Schyff

The court held that the statutory purpose of a levy clearance certificate under section 15B(3)(a)(i)(aa) of the Sectional Titles Act is to ensure that all monies due to the body corporate are paid before transfer of a unit. The body corporate cannot withhold the certificate to enforce compliance with scheme rules or laws unrelated to payment. The respondent's conduct in using the certificate as leverage to avoid costs liability and compel compliance with building plan requirements was improper and contrary to the statutory scheme. The applicant was entitled to the extended clearance certifica…

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• Sectional Titles Act
• Levy Clearance Certificate
• Body Corporate Powers
• Urgent Application
• Statutory Interpretation

Greef v Body Corporate Merriman Court and Others (12716/2020)

Greef v Body Corporate Merriman Court and Others (12716/2020) [2021] ZAWCHC 274 (15 September 2021)

Court

Western Cape High Court, Cape Town

Case number

12716/2020

Judge

Ndita

The High Court held that the body corporate had approved the applicant’s extension plans and garage proposal, and ordered it to consider the 2019 plans.

• Sectional Titles Act
• Schemes Management Act
• Special Resolution Requirements
• Exclusive Use Areas
• Body Corporate Powers
• Prescription Of Rights

Tembo NO and Others v Body Corporate of Building known as Vallen Lodge (AR77/2020)

Tembo NO and Others v Body Corporate of Building known as Vallen Lodge (AR77/2020) [2021] ZAKZPHC 5 (21 January 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR77/2020

Judges

Olsen, Balton

The High Court dismissed an appeal on prescription, finding the body corporate’s reimbursement claim arose only when repairs and costs were incurred in 2014.

• Sectional Title Schemes Management Act
• Prescription
• Special Plea
• Body Corporate Powers
• Sectional-title-schemes
• Body-corporate-powers

Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019)

Central Developments Tshwane (Pty) Ltd and Another v Body Corporate, Twee Riviere Aftree Oord (635/2019) [2020] ZASCA 107 (21 September 2020)

Court

Supreme Court of Appeal

Case number

635/2019

Judges

Wallis, Molemela, Plasket, Ledwaba, Unterhalter

The Supreme Court of Appeal held that the Body Corporate's power to institute proceedings for damage to common property is conferred by section 2(7)(b) of the Sectional Title Schemes Management Act, and is not subject to the requirement of a special resolution under section 2(7)(e). The special plea was based on a misconception of the statutory scheme, as the power to sue for damage to common property exists independently of the special resolution requirement, which applies only to other types of claims against the developer. The appeal was dismissed, and the orders relating to ratification a…

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• Sectional Title Schemes Management Act
• Body Corporate Powers
• Special Resolution Requirement
• Developer Liability
• Damage To Common Property
• Ratification Of Resolution

Maxiprops 1041 (Pty) Ltd v Gauteng Master Builder Association and Others (22327/2018)

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

Court

North Gauteng High Court, Pretoria

Case number

22327/2018

Judge

Sardiwalla

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…

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• Sectional Titles Act
• Locus Standi
• Body Corporate Powers
• Real Right Of Extension
• Internal Remedies
• Curator Ad Litem