South Africa Case Law

Riverlair Body Corporate and Another v Caris Brook Homeowners Association NPC and Others (016149/2022)

Riverlair Body Corporate and Another v Caris Brook Homeowners Association NPC and Others (016149/2022) [2024] ZAGPJHC 366 (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

016149/2022

Judge

Crutchfield

The High Court dismissed a review of a CSOS adjudication order confirming Riverlair owners’ liability for levies imposed by the neighbouring homeowners association.

• Community Schemes Ombud Service Act
• Sectional Titles Schemes Management Act
• Levy Liability
• Administrative Action Review
• Conditions Of Establishment
• Administrative-action-review

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21)

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21) [2023] ZAGPPHC 2034 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

46115/21

Judge

Collis

The High Court held that a special resolution amending a homeowners’ association MOI to absolve a developer from levy liability was oppressive and unfairly prejudicial.

• Oppressive Conduct
• Memorandum Of Incorporation Amendment
• Section 163 Companies Act
• Levy Liability
• Majority Shareholder Abuse
• Home Owners Association Governance

Hubener N.O and Others v HJ Pepler & PJ Human Share Block t/a Ridge Royal and Others (9026/2022P)

Hubener N.O and Others v HJ Pepler & PJ Human Share Block t/a Ridge Royal and Others (9026/2022P) [2023] ZAKZPHC 149 (25 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9026/2022P

Judge

Shoba AJ

The High Court granted condonation, upheld a CSOS appeal, set aside an adjudication order on levy liability, and remitted the matter for reconsideration.

• Community Schemes Ombud Service Act
• Condonation
• Levy Liability
• Unsigned Contracts
• Administrative Action Review
• Community-schemes-ombud-service-act

Selorne Park Body Corporate SS184/2001 v Mc Gregor (D12787/2018)

Selorne Park Body Corporate SS184/2001 v Mc Gregor (D12787/2018) [2023] ZAKZDHC 75 (16 October 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D12787/2018

Judge

Harrison AJ

High Court held a sectional title owner liable for levies on developed and undeveloped units, upheld 2% monthly interest, and granted judgment with costs.

• Sectional Title Schemes Management Act
• Levy Liability
• Management Rules Amendment
• Interest On Arrears
• Allocation Of Expenses
• Sectional-title-schemes-management-act

Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016)

Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016) [2020] ZAKZDHC 25; 2021 (1) SA 269 (KZD) (13 July 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

6969/2016

Judge

Olsen

The High Court held that Wakenshaw Manor owners were liable as association members and allowed rectification of title conditions, subject to the Registrar’s opinion.

• Sectional Titles Act
• Rectification Of Deeds
• Home Owners Association
• Servitude Rights
• Levy Liability
• Contract Rectification

Body Corporate of Marine Sands v Extra Dimensions 121 (Pty) Ltd (1082/2018)

Body Corporate of Marine Sands v Extra Dimensions 121 (Pty) Ltd (1082/2018) [2019] ZASCA 161; 2020 (2) SA 61 (SCA) (28 November 2019)

Court

Supreme Court of Appeal

Case number

1082/2018

Judges

Ponnan, Mocumie, Tsoka, Koen, Weiner

The Supreme Court of Appeal held that the respondent was 'adversely affected' by the special resolution, as its levy liability more than doubled, which is both unfavourable and disadvantageous. The court rejected the appellant's argument that fairness justified the modification without consent, emphasizing that statutory interpretation must adhere to the ordinary meaning of the words used by the legislature. The requirement for written consent under s 32(4) of the Sectional Titles Act is triggered when an owner's proprietary rights are diminished, such as by an increased levy burden. The reso…

Source excerpt

• Sectional Titles Act
• Statutory Interpretation
• Levy Liability
• Special Resolution
• Adverse Effect
• Ultra Vires

Ukhahlamba Poultry Farm (Pty) Ltd v South African Poultry Association (AR446/2017)

Ukhahlamba Poultry Farm (Pty) Ltd v South African Poultry Association (AR446/2017) [2018] ZAKZPHC 30 (3 August 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 446/2017

Judges

Gorven, Balton, Bezuidenhout

Clause 8(b) of Government Notice No. R954 is grammatically clear and imposes liability for payment of the statutory levy only on the supplier of packaging material for the packing of eggs, not on the egg producer. The supplier is defined in the notice and is the only entity mentioned as liable to pay the levy to the levy administrator. The phrase 'on behalf of the egg producers' does not create direct liability for the egg producer to pay the levy to the administrator. The context of the Act, the purpose of the notice, and the marketing chain provisions support this interpretation. No evidenc…

Source excerpt

• Statutory Interpretation
• Marketing Of Agricultural Products Act
• Levy Liability
• Agency Principles

Goldex 16 (Pty) Ltd v Bpdy Corporate of Waterford Golf and River Estate SS 139/2006 and Another (3979/2016)

Goldex 16 (Pty) Ltd v Bpdy Corporate of Waterford Golf and River Estate SS 139/2006 and Another (3979/2016) [2017] ZAFSHC 173 (13 October 2017)

Court

Free State High Court, Bloemfontein

Case number

3979/2016

Judge

Daffue

The court found that Goldex, as the owner of a Real Right of Extension, is not statutorily liable for payment of levies under the Sectional Titles Act or Management Act, except for limited contributions specified in section 3(1)(d) of the Management Act. However, Goldex contractually bound itself to pay levies for unsold stands, as evidenced by minutes of meetings and deeds of sale. The Body Corporate's claim for registration of servitudes was dismissed due to lack of specificity and supporting documentation, but the transfer of units 1 and 2 was ordered as Goldex did not object in principle.…

Source excerpt

• Sectional Titles Act
• Real Right Of Extension
• Levy Liability
• Contractual Obligation
• Management Act
• Praedial Servitude

Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine SANDS and Another (9015/2014)

Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine SANDS and Another (9015/2014) [2016] ZAKZDHC 32 (26 August 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

9015/2014

Judge

Masipa

The High Court dismissed an application for leave to appeal, finding the applicant used the wrong test and failed to show reasonable prospects of success.

• Sectional Titles Act
• Leave To Appeal Test
• Interpretation Of Statutes
• Levy Liability
• Special Resolution
• Adversely Affected Owner

Herald Investments Share Block (Proprietary) Limited and Others v Meer and Others (2907/10, 9768/10)

Herald Investments Share Block (Proprietary) Limited and Others v Meer and Others (2907/10, 9768/10) [2010] ZAKZDHC 39; 2010 (6) SA 599 (KZD) ; [2011] 2 All SA 103 (KZD) (14 September 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

2907/10, 9768/10

Judge

Wallis

High Court ruling on sectional title lift costs, trustee removal, voting disqualification, and an application to appoint an administrator.

• Sectional Titles Act
• Exclusive Use Rights
• Body Corporate Management
• Levy Liability
• Trustee Removal
• Appointment Of Administrator