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South Africa Case Law

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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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Land And Property [2014] ZAKZPHC 39

Prospect SA Investments 42 (Pty) Ltd v Lanarco Home Owner Association (13346/12)

Prospect SA Investments 42 (Pty) Ltd v Lanarco Home Owner Association (13346/12) [2014] ZAKZPHC 39 (30 June 2014)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
13346/12
Judge
Kruger

The court held that the applicant, as owner of the erven depicted on the registered general plan, automatically became a member of the respondent Home Owner Association by operation of law and the statutory conditions of township establishment. The Articles of Association do not override the statutory obligation, and the applicant's ownership of the erven triggers membership and liability for levies. The applicant's arguments regarding the non-existence of individual erven and lack of contractual nexus were rejected, as the registration of the general plan created the erven and the statutory…

Source excerpt

  • Home Owners Association Membership
  • Developer Liability For Levies
  • Township Establishment Conditions
  • Statutory Membership
  • Levy Payment Obligation
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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.