South Africa Case Law

Sekowe and Another v Kyalami Terracce Home Owners Association (2022/626451B)

Sekowe and Another v Kyalami Terracce Home Owners Association (2022/626451B) [2024] ZAGPJHC 543 (4 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/626451B

Judge

Cajee

The High Court held the homeowners association could not charge late-building penalties after the occupation certificate date and noted abuse of process in later magistrates’ court actions.

• Home Owners Association Rules
• Levies And Penalties
• Prescription Of Claims
• Abuse Of Process
• Home-owners-association-rules
• Levies-and-penalties

Bill v Waterfall Estate Home Owners Association NPC and Another (2019/21837)

Bill v Waterfall Estate Home Owners Association NPC and Another (2019/21837) [2020] ZAGPJHC 81; [2020] 3 All SA 115 (GJ); 2020 (6) SA 145 (GJ) (5 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2019/21837

Judge

F Southwood

The court found that the applicant had established quasi-possession of a right of access to the estate, which is an incident of possession of the property and thus protected by the mandament van spolie. The deactivation of the applicant's biometric access linked to the property and the denial of his contractors' access constituted dispossession of these rights. The respondents' reliance on the MOI and Estate Rules to justify their conduct amounted to unlawful self-help, as these provisions did not empower them to unilaterally deprive the applicant of access without a court order. The court he…

Source excerpt

• Mandament Van Spolie
• Possessory Rights
• Home Owners Association Rules
• Self Help Remedies
• Contractual Interpretation

Dainfern Valley Home Owners Association v Falconer and Others (2009/51286)

Dainfern Valley Home Owners Association v Falconer and Others (2009/51286) [2010] ZAGPJHC 69 (10 August 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/51286

Judge

Van Oosten

The court declined an immediate interdict against a playgroup, instead giving the respondent two months to comply with statutory and neighbourhood-consent requirements.

• Interdictory Relief
• Statutory Compliance
• Home Owners Association Rules
• Consent Of Neighbours
• Interdictory-relief
• Statutory-compliance