Kingshaven Homeowners' Association v Botha and Others (6220/2019)
Kingshaven Homeowners' Association v Botha and Others (6220/2019) [2020] ZAWCHC 92; 2023 (4) SA 187 (WCC) (4 September 2020)
The court held that the adjudicator under the CSOS Act was correct in refusing to grant the interdict sought by the applicant, as such relief was not provided for in section 39 of the Act and thus beyond the adjudicator's jurisdiction. The appeal under section 57 was dismissed as it was not competent. The court found that the trustees of the applicant association had properly authorised the institution of proceedings, either initially or by subsequent ratification. There was no waiver of the parking rules, as the constitution did not permit waiver without member approval, and the evidence did…
Source excerpt
- Community Schemes Ombud Service Act
- Interdictory Relief
- Homeowners Association Rules
- Statutory Appeal Procedure
- Waiver Of Rights
- Discriminatory Enforcement