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South Africa Case Law

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Land And Property [2024] ZASCA 153

Chapmans Bay Estate Home Owners Association v Lotter and Others (525/2023)

Chapmans Bay Estate Home Owners Association v Lotter and Others (525/2023) [2024] ZASCA 153 (12 November 2024)

The SCA held that HOA penalty levies under clause 9.10 apply only to owners who took transfer directly from the developer, not subsequent owners.

  • Home Owners Association
  • Interpretation Of Contracts
  • Penalty Levies
  • Community Scheme Ombud Service Act
  • Home-owners-associations
  • Penalty-levies
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Land And Property [2024] ZAGPJHC 323

Achuko v Rozanne Close Body Corporate and Others (2023/05508)

Achuko v Rozanne Close Body Corporate and Others (2023/05508) [2024] ZAGPJHC 323 (28 March 2024)

The High Court dismissed an appeal against a CSOS adjudication, holding that a body corporate resolution to pass bank charges on to unit owners was binding.

  • Sectional Title Scheme Management
  • Community Scheme Ombud Service Act
  • Exclusive Use Expense
  • Body Corporate Resolutions
  • Bank Charges Liability
  • Sectional-title-scheme-management
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Civil Procedure [2023] ZAGPJHC 390

Ncala v Park Avenue Body Corporate (A3029/2019)

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

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,…

  • Community Scheme Ombud Service Act
  • Condonation Of Late Appeal
  • Adjudicator Powers
  • Constitutional Rights In Property Disputes
  • Costs In Constitutional Litigation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.