Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014)
Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014) [2020] ZAGPPHC 422 (11 May 2020)
The court found that the respondent, Silver Lakes Homeowners Association, was entitled to control access to the estate at designated control points, provided that residents and the local authority were not denied free access. The use of booms and biometric systems constituted controlled access, not denial of access. The appellant's challenge to the legality of structures on Erf 168 and 1471 failed, as the respondent produced approved building plans and the appellant had delayed raising objections. The court held that the municipality should have been joined as a party for relief sought regard…
Source excerpt
- Access Control In Gated Estates
- Building Plan Approval
- Non Joinder
- Contractual Rights Of Homeowners
- Public Vs Private Roads