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South Africa decisions
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Body Corporate of Bridgetown v Gauteng Management Agents (2024/028185) [2024] ZAGPJHC 328 (30 March 2024)
The court dismissed an urgent application by a body corporate after finding its trustees were disqualified from office under the scheme rules because of arrears.
Rampul v Trustees of Mangrove Beach Centre Body Corporate and Others (9823/2022P) [2022] ZAKZPHC 81 (15 December 2022)
The court found that the adjudicator erred in applying the defence of res judicata, as the parties and issues in the prior application were not the same as those before the adjudicator. However, upon considering the merits, the court held that the special rules granting commercial section owners a greater percentage of the vote are lawful and reasonable in the context of a mixed-use scheme. The Sectional Titles Act and Sectional Titles Schemes Management Act expressly permit such differentiation, and the appellant, as a prudent purchaser, should have been aware of the special rules when acqui…
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Khumalo v Brompton Court Body Corporate and Others (Leave to Appeal) (11061/2014) [2022] ZAGPJHC 26 (14 January 2022)
The High Court refused leave to appeal against dismissal of an late review and condonation application, finding no good cause or evidentiary basis for the challenge.
McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021)
The majority held that the appellant's rights to access and use the portal system were contractual in nature, flowing from his membership in the body corporate and subject to the conduct rules, specifically rule 13, which requires trustee approval for letting units. The deprivation of access to the portal system was not an incident of possession but of ownership, and the mandament van spolie remedy was not available. The trustees' resolution to deactivate access was lawful, as the appellant was given ample notice and the deprivation was not wrongful or unlawful. The application was, in substa…
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Honeyridge Centre (Pty) Ltd v Beyers Office Park Body Corporate and Others and Others (7558/2017) [2018] ZAGPJHC 400 (25 May 2018)
The High Court made an arbitration award an order of court and dismissed a counter-application for declaratory relief arising from a servitude dispute.
Vorster and Another v Panorama Estate (NCT/38617/2016/75(1)(b)) [2017] ZANCT 109 (9 October 2017)
The Tribunal refused leave to refer a complaint about compulsory meal levies, holding that it lacked CPA jurisdiction over the body corporate dispute.
Umfolozi Mews Body Corporate v Heyneke (A3079/2016) [2017] ZAGPJHC 459 (12 May 2017)
The High Court held that lis pendens was not established because the action and application concerned different subject matter, so the appeal succeeded.
Body Corporate of The Avenues Scheme v Hurwitz and Another (15448/2007) [2011] ZAWCHC 39 (11 February 2011)
The court found that the developer's statutory rights of extension under the 1971 Act had lapsed, as they were not reserved by registered condition nor converted to certificates under the 1986 Act by the statutory deadline. Rule 77 of the Body Corporate rules, while binding and contractual, did not confer an independent real right of extension outside the statutory framework. The respondents' right to develop the monastery area, as set out in Rule 77, was preserved as a contractual right but did not override the statutory requirements for extension rights. The applicant failed to plead or pro…
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Unit 1501 Twin Towers South (Pty) Ltd v Trustees for the time being of the Twin Towers Body Corporate and Others (10089/2005) [2007] ZAWCHC 42 (25 July 2007)
The court dismissed a challenge to a sectional title rule, holding it remained valid under transitional provisions and was not barred by the 1986 Act.
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