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)
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…
Source excerpt
- Sectional Title Schemes Management Act
- Body Corporate Powers
- Special Resolution Requirement
- Developer Liability
- Damage To Common Property
- Ratification Of Resolution