South Africa Case Law

Propell Sectional Title Solutions (Pty) Ltd v Summerville Homeowners Association and Another (17198/2021; 20088/2022)

Propell Sectional Title Solutions (Pty) Ltd v Summerville Homeowners Association and Another (17198/2021; 20088/2022) [2024] ZAWCHC 187 (23 July 2024)

Court

Western Cape High Court, Cape Town

Case number

17198/2021; 20088/2022

Judge

Bhoopchand

The court found that the Summerville Homeowners Association was a voluntary association, not statutorily created under LUPO, and that the conditions inserted in the title deeds created only personal rights, not real rights, in favour of the Association. The amendments to the constitution in 2010, which purported to allow the Association to take out a loan and cede its rights to Baedex and Propell, were invalid as they circumvented entrenched clauses and were effected without proper notice or authority. The Trustees' resolution to enter into the Levy Finance Agreement and cede rights was ultra…

Source excerpt

• Homeowners Association
• Title Deed Conditions
• Levy Finance Agreement
• Constitution Amendment
• Cession Of Rights
• Ultra Vires

Bogatsu and Another v 108 on 8th Street Homeowners Association (A2022/037938)

Bogatsu and Another v 108 on 8th Street Homeowners Association (A2022/037938) [2024] ZAGPJHC 611 (28 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2022/037938

Judges

Mdalana-Mayisela, Strydom

The appeal was dismissed as all grounds advanced by the appellants were found to be without merit. The court held that section 38(1) of the CSOS Act does not exclude the jurisdiction of the Magistrate Court, but rather provides an alternative forum at the election of the parties. The respondent established its locus standi through its constitution and evidence of registration, which was admitted by the appellants in their pleadings and testimony. The defence of lis alibi pendens failed as the relief sought in the CSOS application differed from the present claim. The respondent's constitution…

Source excerpt

• Homeowners Association
• Locus Standi
• Jurisdiction Of Magistrates Court
• Lis Alibi Pendens
• Levy Imposition
• Constitution Adoption

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021)

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021) [2023] ZAMPMBHC 61 (16 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4388/2021

Judge

N Mazibuko

The court dismissed a locus standi objection by affected homeowners and allowed further affidavits in a dispute with their HOA over security amenities and levy-related relief.

• Locus Standi
• Homeowners Association
• Filing Of Further Affidavits
• Levy Disputes
• Security Amenities
• Title Deed Restrictions