South Africa Case Law

23 Laurel Street Properties v Lethabo Village Body Corporate and Another (1568/2025)

23 Laurel Street Properties v Lethabo Village Body Corporate and Another (1568/2025) [2025] ZAFSHC 215 (14 July 2025)

Court

Free State High Court, Bloemfontein

Case number

1568/2025

Judge

Buys AJ

The court found that the impugned resolutions adopted by the first respondent exempting the applicant from levy contributions on unoccupied units were ultra vires and void ab initio, as they contravened the statutory obligations imposed by the Sectional Titles Schemes Management Act and its regulations. The body corporate is required by law to levy contributions on all owners, and no power exists to exempt any owner, including a developer, from this duty. The applicant's reliance on prior conduct and the issuance of R0-00 clearance certificates for other units does not override the statutory…

Source excerpt

• Sectional Titles Schemes Management Act
• Levy Collection
• Ultra Vires Resolutions
• Clearance Certificates

Body Corporate of Balboa Park v Skeyi and Another (2023-061020)

Body Corporate of Balboa Park v Skeyi and Another (2023-061020) [2024] ZAGPJHC 361 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-061020

Judge

EF Dippenaar

The court held that neither the Sectional Titles Act, the Sectional Titles Schemes Management Act, nor the management or conduct rules expressly confer on a body corporate the power to disconnect electricity or limit water supply to defaulting owners. The applicants failed to establish that such powers are implied, ancillary, or incidental, as the test for implication requires necessity, not mere convenience. The resolutions authorising the applications were ultra vires, having been passed by trustees rather than at a general meeting, and purporting to exercise powers not conferred by statute…

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• Sectional Titles Schemes Management Act
• Sectional Titles Act
• Implied Powers
• Levy Collection
• Constitutional Rights Limitation
• Mandament Van Spolie

Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022)

Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022) [2023] ZAGPPHC 737 (28 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

028945/2022

Judge

E Van der Schyff

The High Court dismissed a provisional sequestration application by a homeowners association, finding no adequate proof that sequestration would benefit creditors over ordinary execution.

• Sequestration
• Levy Collection
• Sale In Execution
• Insolvency Act
• Judgment Debt
• Insolvency

Zikalala v Body Corporate of Selma Court and Another (AR255/2020)

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81; 2022 (2) SA 305 (KNP) (23 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR255/2020

Judges

Chetty, Olsen

The court held that the trustees of the body corporate lacked the legal authority to compromise the claim for outstanding levies, costs, and interest for less than the full amount due. The statutory framework, specifically the Sectional Titles Schemes Management Act and the prescribed management rules, imposes a mandatory duty on the body corporate to collect all amounts lawfully owed by sectional owners. The acceptance of the appellant's settlement offer by two trustees was ultra vires, as there was no resolution of owners authorising such compromise, nor any express or implied statutory pow…

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• Sectional Titles Schemes Management Act
• Levy Collection
• Ultra Vires
• Settlement Agreements
• Powers Of Trustees

Body Corporate of Umoya v Singh (25232/2018)

Body Corporate of Umoya v Singh (25232/2018) [2018] ZAGPPHC 949 (14 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

25232/2018

Judge

Mosopa

The High Court granted summary judgment for unpaid sectional title levies, rejecting objections about untaxed legal fees, double interest, and service.

• Sectional Titles Act
• Levy Collection
• Summary Judgment
• Untaxed Legal Fees
• Summary-judgment
• Sectional-title-law

Parisan Express Trading 101 Inc v Monte Villas Body Corporate (A214/16, A213/16)

Parisan Express Trading 101 Inc v Monte Villas Body Corporate (A214/16, A213/16) [2017] ZAGPPHC 824 (5 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

A214/16, A213/16

Judges

Makhubele, De Vos

Appeal against summary judgment for arrear sectional-title levies dismissed; court held the appellant’s affidavit did not disclose a bona fide defence.

• Summary Judgment
• Sectional Title Scheme
• Levy Collection
• Lis Pendens
• Condonation Of Late Appeal
• Summary-judgment

Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371)

Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/33371

Judge

Mailula

A body corporate obtained orders allowing electricity disconnection and water restriction for arrears, and judgment for unpaid levies and utility charges.

• Sectional Title Scheme Management
• Arrear Utilities
• Levy Collection
• Utility Disconnection
• Sectional-title-scheme-management
• Arrear-utilities

Thabo Mofutsanyana District Municipality v Rudnat Projects CC (3332/2008)

Thabo Mofutsanyana District Municipality v Rudnat Projects CC (3332/2008) [2012] ZAFSHC 206 (12 November 2012)

Court

Free State High Court, Bloemfontein

Case number

3332/2008

Judge

Murray

The court found that the applicant's proposed amendment introduced a new claim for the delivery of returns, which was not recognisable in the original summons that sought payment of estimated levies. The original claim was based on statutory entitlement to recover levies, while the amendment sought to enforce a statutory duty to submit returns, relying on different statutory provisions and causes of action. The court held that the powers of the council and Commissioner to determine liability and collect levies were curtailed by section 12(1B) of the Regional Services Councils Act and section…

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• Regional Services Councils Act
• Prescription
• Statutory Liability
• Amendment Of Pleadings
• Expiry Periods
• Levy Collection