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South Africa decisions
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Chapmans Bay Estate Home Owners Association v Lotter and Others (525/2023) [2024] ZASCA 153 (12 November 2024)
The SCA held that HOA penalty levies under clause 9.10 apply only to owners who took transfer directly from the developer, not subsequent owners.
Fairview Golf Estate Home Owners' Association v Feng (7745/2024) [2024] ZAWCHC 339; [2025] 1 All SA 331 (WCC) (29 October 2024)
The Court found that the HOA had established its authority to institute proceedings through valid Board resolutions, and Mr Grimson was properly authorised. The respondent’s interlocutory application under Rule 7(1) was dismissed as it sought documents beyond the scope of the Rule and failed to raise a direct challenge to the Board’s resolutions. The Court held that service of the founding papers was sufficient, as Mr Feng received and understood the documents and suffered no prejudice. The Deputy Sheriff’s return was accepted as prima facie evidence of an act of insolvency under section 8(b)…
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Willow Acres Estate Home Owners Association v Mahloboagane and Another (11789/2019) [2023] ZAGPPHC 1817 (17 October 2023)
The High Court set aside a provisional sequestration order, finding no proven act of insolvency on the sheriff’s return and no basis to rescind the settlement agreement.
De Wet N.O. and Others v Water's Edge Home Association; De Kock N.O. and Another v Water's Edge Home Association (A110/2022) [2022] ZAWCHC 155 (24 August 2022)
The High Court dismissed appeals over HOA penalty levies, holding the trustee committee had power to impose them and no reduction was justified under the Conventional Penalties Act.
Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016) [2020] ZAKZDHC 25; 2021 (1) SA 269 (KZD) (13 July 2020)
The High Court held that Wakenshaw Manor owners were liable as association members and allowed rectification of title conditions, subject to the Registrar’s opinion.
Amberfield Glen Home Owners Association (NPC) v Body Corporate of Onyx Park (69726/2015) [2017] ZAGPPHC 782 (24 November 2017)
The High Court held that a body corporate was liable for levies calculated by the number of living units on its erf and ordered payment of arrears, interest, and costs.
Bradley Scott Real Estate CC v Serengeti Exclusive Estate Home Owners Association NPC and Others (13150/2016) [2017] ZAGPJHC 11 (9 February 2017)
The court found that the embargo provision in clause C(3) of the title deed creates a real right in favour of the Home Owners Association, not merely a personal claim. This real right allows the HOA to veto the transfer of the property until all amounts due are paid, regardless of the prescription period for debts under section 11(d) of the Prescription Act. The Applicant's calculation, which sought to limit the HOA's claim to amounts not prescribed, was incorrect. The HOA's right to claim all outstanding levies and penalties is protected by the real right created by the embargo provision, an…
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