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South Africa decisions
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Singh v Body Corporate of ST Tropez (25559/2021) [2023] ZAGPJHC 88 (3 February 2023)
The High Court upheld a body corporate’s counter-application and dismissed an owner’s bid to stop vehicle removal, finding parking rules were breached.
Heathrow Property Holdings No 33 CC and Others v Manhattan Place Body Corporate and Others (7235/2017) [2021] ZAWCHC 109; [2021] 3 All SA 527 (WCC); 2022 (1) SA 211 (WCC) (1 June 2021)
The Court held that the application was an abuse of process, lacking urgency and standing, as the applicants failed to demonstrate any recent refusal of short-term letting or imminent harm. The issues raised, including the validity and application of conduct rule 12 and the installation of the biometric access system, fall squarely within the jurisdiction of the Community Schemes Ombud Service (CSOS) under the CSOS Act. The High Court is not the forum of first instance for such disputes, and litigants must exhaust internal remedies provided by the Act before approaching the Court, except in e…
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Rapallo Body Corporate v Dhlamini NO and Others (12572/2019) [2020] ZAWCHC 97 (10 September 2020)
The court held that the adjudicator made material errors of law by treating the absence of minuted trustee resolutions as rendering the charges imposed under conduct rule 7 ineffectual, and by finding the owners' undertaking invalid due to lack of countersignature and incorporation of conditions into the conduct rules. The court clarified that trustee decisions are effective if made at a properly convened meeting by majority vote, regardless of whether they are minuted, and that the signed undertaking by the owners was binding. The adjudicator's misdirection on these points directly affected…
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Body Corporate Le Chene D'or v Carim and Another (30507/2017 ) [2019] ZAGPJHC 17 (1 February 2019)
High Court interdict against unauthorised sectional title alterations upheld; body corporate granted reinstatement orders, and the counterclaim was dismissed.
Govender and Another v Naidoo and Others (13422/2014; 5146/2016) [2018] ZAKZDHC 29 (26 March 2018)
The court reviewed and set aside a body corporate trustees’ refusal to allow two owners to keep pets, and sent the matter back for reconsideration.
Paganelli and Another v Beisheim and Others (3087/2014) [2015] ZAKZDHC 19 (10 March 2015)
The court dealt with a sectional title dispute over replacing kitchen windows, interpreting conduct and management rules on common property and improvements.
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