McGregor v Selborne Park Body Corporate and Others (AR224/2020)
McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021)
The majority held that the appellant's rights to access and use the portal system were contractual in nature, flowing from his membership in the body corporate and subject to the conduct rules, specifically rule 13, which requires trustee approval for letting units. The deprivation of access to the portal system was not an incident of possession but of ownership, and the mandament van spolie remedy was not available. The trustees' resolution to deactivate access was lawful, as the appellant was given ample notice and the deprivation was not wrongful or unlawful. The application was, in substa…
Source excerpt
- Mandament Van Spolie
- Sectional Title Schemes
- Body Corporate Rules
- Letting Of Units
- Access Control
- Specific Performance