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South Africa Case Law

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Land And Property [2022] ZAWCHC 234

Baxter v Ocean View Body Corporate and Others (A170/2022)

Baxter v Ocean View Body Corporate and Others (A170/2022) [2022] ZAWCHC 234; 2023 (2) SA 205 (WCC) (16 November 2022)

The High Court granted condonation and upheld an appeal against a body corporate levy on exclusive use balconies, finding the levy conflicted with section 3(1)(c).

  • Sectional Titles Schemes Management Act
  • Exclusive Use Areas
  • Levies
  • Community Schemes Ombud Service Act
  • Condonation
  • Adjudicator Appeal Procedure
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Land And Property [2018] ZAKZPHC 69

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017)

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017) [2018] ZAKZPHC 69 (24 August 2018)

The court held that a body corporate could not use a special resolution and conduct rules to alter levy liability; the resolution was declared invalid.

  • Sectional Titles Act
  • Participation Quota
  • Levy Contributions
  • Ultra Vires Resolution
  • Management Vs Conduct Rules
  • Sectional-titles
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Land And Property [2012] ZAGPPHC 130

Yonda Investments CC v Rohr and Another (29235/2009)

Yonda Investments CC v Rohr and Another (29235/2009) [2012] ZAGPPHC 130 (25 June 2012)

The court dismissed a property developer’s claim because the sale was not validly signed, lacked required spousal consent, and damages were not proved.

  • Alienation Of Land Act
  • Matrimonial Property Act
  • Sectional Titles Act
  • Locus Standi
  • Specific Performance
  • Quantum Of Damages
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Land And Property [2009] ZAKZHC 5

Essa NO and Another v Body Corporate of Kingsway House and Another; Body Corporate of Kingsway House and Another and Essa NO and Another (9931/2008)

Essa NO and Another v Body Corporate of Kingsway House and Another; Body Corporate of Kingsway House and Another and Essa NO and Another (9931/2008) [2009] ZAKZHC 5 (20 February 2009)

The court referred a sectional-title dispute to trial and postponed a levy claim pending an administrator application, finding material factual disputes on the papers.

  • Sectional Titles Act
  • Exclusive Use Rights
  • Interdictory Relief
  • Levies And Special Levies
  • Rectification Of Notarial Cession
  • Sectional-titles
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.