South Africa Case Law

Shikwane and Others v Woodhill Home Owners Association and Others (7428/2024)

Shikwane and Others v Woodhill Home Owners Association and Others (7428/2024) [2025] ZALMPPHC 19 (12 February 2025)

Court

Limpopo High Court, Polokwane

Case number

7428/2024

Judge

Makoti

The court found that the applicants, except for the sixth applicant whose property is owned by a trust, have sufficiently established locus standi as members or owners within the estate, directly affected by the HOA's actions. The respondents' challenge to locus standi was opportunistic and contradicted by their own correspondence identifying applicants as owners. The court held that the HOA and its directors are the appropriate parties to cite in litigation challenging the MOI or its provisions, and that it is unnecessary to join all individual homeowners. The application does not affect ind…

Source excerpt

• Locus Standi
• Non Joinder
• Memorandum Of Incorporation
• Home Owners Association Governance
• Penalty Fines
• Constitutional Invalidity

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21)

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21) [2023] ZAGPPHC 2034 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

46115/21

Judge

Collis

The High Court held that a special resolution amending a homeowners’ association MOI to absolve a developer from levy liability was oppressive and unfairly prejudicial.

• Oppressive Conduct
• Memorandum Of Incorporation Amendment
• Section 163 Companies Act
• Levy Liability
• Majority Shareholder Abuse
• Home Owners Association Governance