Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12)
Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12) [2013] ZAGPPHC 167 (13 June 2013)
The court held that the right of the Home Owners Association to refuse consent for transfer of property due to unpaid levies and penalties is a personal right, not a real right. This right does not result in a subtraction from the dominium of the property and binds only the present owner, not successors in title. The protection afforded to bodies corporate under the Sectional Titles Act does not extend to home owners associations, and the claim for outstanding levies does not constitute a preferent claim under section 89 of the Insolvency Act. The Registrar of Deeds may effect transfer of the…
Source excerpt
- Real Vs Personal Rights
- Homeowners Association Liens
- Insolvent Estate Transfer
- Preferent Claims
- Section 89 Insolvency Act