Reddy and Another v Cedar Lakes Homeowners Association NPC and Others (A018904/2022) [2024] ZAGPJHC 468 (17 May 2024)
Court
South Gauteng High Court, Johannesburg
Case number
A018904/2022
Judges
Van Vuuren, Dlamini
The High Court upheld an appeal under the CSOS Act, finding that relevant evidence of inconsistent approval in a homeowners association was wrongly ignored.
Northcliff Ridge Homeowners Association and Another v Swart NO and Others (004567/2022) [2023] ZAGPJHC 387 (13 April 2023)
Court
South Gauteng High Court, Johannesburg
Case number
004567/2022
Judge
Strydom
The High Court granted leave to appeal, holding that another court could differ on which homeowners’ association rules applied and whether there was non-compliance.
Retief Swart N.O. and Others v Northcliff Ridge Homeowners Association and Others (2022/004567) [2023] ZAGPJHC 215 (10 March 2023)
Court
South Gauteng High Court, Johannesburg
Case number
2022/004567
Judge
Strydom
The High Court ordered a homeowners association to issue a clearance certificate for a property transfer after finding the owners had met their obligations.
Chapman's Bay Estate Homeowners' Association v Lotter and Others (9387/2022) [2023] ZAWCHC 35 (24 February 2023)
Court
Western Cape High Court, Cape Town
Case number
9387/2022
Judges
Van Zyl, Sher
High Court held that penalty levies in the homeowners’ constitution could not be imposed on subsequent owners who did not take transfer from the developer.
Ralebipi v Beau Rivage Homeowners Association (A159/2020) [2022] ZAGPPHC 372 (19 December 2022)
Court
North Gauteng High Court, Pretoria
Case number
A159/2020
Judges
Cajee, Moshoana
Appeal against summary judgment for homeowners association levies, penalties and utility charges dismissed; court held the claims were liquidated and the defence was not bona fide.
Kingshaven Homeowners' Association v Botha and Others (6220/2019) [2020] ZAWCHC 92; 2023 (4) SA 187 (WCC) (4 September 2020)
Court
Western Cape High Court, Cape Town
Case number
6220/2019
Judge
A.G. Binns-Ward
The court held that the adjudicator under the CSOS Act was correct in refusing to grant the interdict sought by the applicant, as such relief was not provided for in section 39 of the Act and thus beyond the adjudicator's jurisdiction. The appeal under section 57 was dismissed as it was not competent. The court found that the trustees of the applicant association had properly authorised the institution of proceedings, either initially or by subsequent ratification. There was no waiver of the parking rules, as the constitution did not permit waiver without member approval, and the evidence did…
Hillandale Homeowners Association t/a Woodland Hills Wildlife Estate v Morolong (4964/2019) [2020] ZAFSHC 134 (4 June 2020)
Court
Free State High Court, Bloemfontein
Case number
4964/2019
Judge
P.J. Loubser
The court found that the plaintiff's claim was undermined by duplications and unexplained inaccuracies, particularly the inclusion of an amount previously awarded in the Magistrate's Court. The plaintiff failed to explain how these duplications occurred and did not clarify the computation or justification of the substantial building penalties imposed. The defendant is entitled to further particulars regarding the nature and reasonableness of the penalties. Given these uncertainties and the lack of clarity in the plaintiff's claim, the court held that summary judgment would be inappropriate an…
Morolong v Hillandale Homeowners Association t/a Woodlands Hills Wildlife Estate and Others (A4/2018) [2019] ZAFSHC 28 (22 March 2019)
Court
Free State High Court, Bloemfontein
Case number
A4/2018
Judges
S Naidoo, AF Jordaan
The High Court dismissed an application to reinstate a lapsed appeal, together with condonation and related procedural requests, in a homeowners-association levy dispute.
KYP-Prop Properties (PTY) LTD v Meyersdal Nature Estate Homeowners Association and Another (34613/2014) [2017] ZAGPPHC 1298 (7 September 2017)
Court
North Gauteng High Court, Pretoria
Case number
34613/2014
Judge
Fisher
The High Court rescinded a default judgment against a property owner after finding no wilful default and that the applicant had triable defences with prospects of success.
