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South Africa decisions
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Dainfern Homeowners Association v Roodt and Others [2023] ZAGPPHC 282; 82688/2017 (5 May 2023)
The court dismissed a late rescission application and declared a Dainfern home specially executable under Rule 46A, with a 60-day suspension and reserve price.
Eldo Village Home Owners Association (NPC) v Makuya (86467/2020) [2022] ZAGPPHC 687 (16 September 2022)
The High Court postponed an application to declare a home specially executable, finding the debtor’s proposed sale of the property was an alternative means to pay the debt.
Highland Gate Home Owner Association v Hurwitz (1819/2018) [2020] ZAMPMHC 42 (22 July 2020)
The High Court granted a homeowners association's application to declare a vacant erf specially executable for long outstanding arrear levies.
Walker and Another v Cilantro Residential Estate Homeowners Association (A3067/16) [2016] ZAGPJHC 299 (9 November 2016)
The court held that the penalties imposed by Cilantro Residential Estate Homeowners Association were valid and enforceable. The articles of association empowered the board and AGM to impose both building and late payment penalties, including recurring penalties. The number of directors, though sometimes below five, was above the statutory minimum and accepted by the AGM without objection, rendering any procedural irregularities waived under clause 41. The title deed did not restrict Cilantro to a single remedy, and the association's non-profit status was not undermined by the imposition of pe…
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Knowles and Others v Blair Athol Home Owners Association and Others (75783/2013) [2014] ZAGPPHC 518 (20 June 2014)
The court granted interim relief restoring applicants’ golf-club rights and barred the HOA from using unpaid levies to stop them playing golf pending the main case.
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