Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010)
Heritage Hill Home Owners Association v Heritage Hill Devco (Pty) Ltd (31022/2010) [2013] ZAGPPHC 52; 2013 (3) SA 447 (GNP) (14 February 2013)
The court held that upon registration of the general plan under the Deeds Registries Act, the land is subdivided into individual erven, each with its own identity and capable of separate ownership. The defendant, as the developer, is the registered owner of these erven until they are transferred to individual purchasers. The Articles of Association of the plaintiff company impose liability for levies on all registered owners of property in the township, including the developer for unsold erven. The court distinguished previous case law dealing with valuation and taxation by local authorities,…
Source excerpt
- Levies In Home Owners Association
- Registered Ownership
- Deeds Registries Act Interpretation
- Contractual Membership Liability