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Land And Property [2015] ZAGPPHC 831

Sable Hills Waterfront Estate Home Owners' Association NPC v Sable Hills Waterfront Estate CC (39635/2013)

Sable Hills Waterfront Estate Home Owners' Association NPC v Sable Hills Waterfront Estate CC (39635/2013) [2015] ZAGPPHC 831 (10 December 2015)

Court
North Gauteng High Court, Pretoria
Case number
39635/2013
Judge
H.J Fabricius

The court found that the Defendant, as developer and owner of all erven not yet transferred to third parties, is liable to pay levies for each such erf in accordance with the Plaintiff’s Articles of Association. The definition of 'property' in the Articles of Association includes all erven in the township, and the Defendant is a member of the Plaintiff by virtue of being the registered owner of these erven. The legal principles established in Heritage Hill Devco and the interpretation of the Deeds Registries Act support the conclusion that the developer is liable for levies on each erf depict…

Source excerpt

  • Home Owners Association Liability
  • Levies On Untransferred Erven
  • Deeds Registries Act Interpretation
  • Articles Of Association
  • Developer Liability
  • Compound Interest On Levies
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Land And Property [2015] ZAGPPHC 310

Heritage Hill Devco (Pty) Ltd v Heritage Hill Homeowners Association (A541/13)

Heritage Hill Devco (Pty) Ltd v Heritage Hill Homeowners Association (A541/13) [2015] ZAGPPHC 310; 2016 (2) SA 387 (GP) (24 April 2015)

Court
North Gauteng High Court, Pretoria
Case number
A541/13
Judges
Rabie, Legodi, Baqwa

The court held that upon registration of the general plan, individual erven in the township came into existence and vested in the developer as registered owner. The Articles of Association contractually bound the developer to pay levies on all unsold erven. The appellant's reliance on the Kosmos Ridge decision was rejected, as the Deeds Registries Act clearly provides for the creation and registration of erven upon registration of the general plan, not only upon transfer to purchasers. The developer's liability for levies is consistent with the collective interests of all property owners and…

Source excerpt

  • Levies On Unsold Erven
  • Deeds Registries Act Interpretation
  • Articles Of Association
  • Developer Liability For Levies
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Commercial And Corporate [2013] ZAGPPHC 52

Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010)

Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010) [2013] ZAGPPHC 52; 2013 (3) SA 447 (GNP) (14 February 2013)

Court
North Gauteng High Court, Pretoria
Case number
31022/2010
Judge
Kollapen

The court held that upon registration of the general plan under the Deeds Registries Act, the land is subdivided into individual erven, each with its own identity and capable of separate ownership. The defendant, as the developer, is the registered owner of these erven until they are transferred to individual purchasers. The Articles of Association of the plaintiff company impose liability for levies on all registered owners of property in the township, including the developer for unsold erven. The court distinguished previous case law dealing with valuation and taxation by local authorities,…

Source excerpt

  • Levies In Home Owners Association
  • Registered Ownership
  • Deeds Registries Act Interpretation
  • Contractual Membership Liability
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.