South Africa Case Law

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)

Court

Supreme Court of Appeal

Case number

635/2019

Judges

Wallis, Molemela, Plasket, Ledwaba, Unterhalter

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

Sable Hills Waterfront Estate CC v Sable Hills Waterfront Estate Home Owners Association NPC (199/2016)

Sable Hills Waterfront Estate CC v Sable Hills Waterfront Estate Home Owners Association NPC (199/2016) [2016] ZASCA 170 (24 November 2016)

Court

Supreme Court of Appeal

Case number

199/2016

Judges

Wallis, Petse, Dlodlo, Makgoka, Schippers

The Supreme Court of Appeal held that estate levies were to be levied on each stand shown on the general plan, not only on the developer’s remainder.

• Levy Apportionment
• Interpretation Of Articles Of Association
• Deeds Registries Act
• Developer Liability
• Levy-apportionment
• Homeowners-association

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