Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021)
Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021) [2021] ZAGPPHC 682 (29 April 2021)
The court found that the management agreement between the first applicant and first respondent had lapsed by effluxion of time prior to the institution of the application. Although the body corporate failed to comply with the statutory requirement of 30 days' notice for a special resolution, this non-compliance was not fatal to the termination by effluxion of time. The first respondent's continued involvement was not justified, and its obligation to hand over books of account, financial statements, monies, and reserve funds remained. The petition to remove the trustees was declared invalid as…
Source excerpt
- Sectional Title Management
- Termination Of Management Agreement
- Special Resolution Requirements
- Fiduciary Duties Of Managing Agent
- Urgent Interdict
- Body Corporate Governance