South Africa Case Law

Bradley Scott Real Estate CC v Serengeti Exclusive Estate Home Owners Association NPC and Others (13150/2016)

Bradley Scott Real Estate CC v Serengeti Exclusive Estate Home Owners Association NPC and Others (13150/2016) [2017] ZAGPJHC 11 (9 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

13150/2016

Judge

F Diedericks

The court found that the embargo provision in clause C(3) of the title deed creates a real right in favour of the Home Owners Association, not merely a personal claim. This real right allows the HOA to veto the transfer of the property until all amounts due are paid, regardless of the prescription period for debts under section 11(d) of the Prescription Act. The Applicant's calculation, which sought to limit the HOA's claim to amounts not prescribed, was incorrect. The HOA's right to claim all outstanding levies and penalties is protected by the real right created by the embargo provision, an…

Source excerpt

• Levy Clearance Certificate
• Embargo Provision
• Prescription Act Section 11d
• Real Right Vs Personal Right
• Liquidation Transfer
• Home Owners Association

Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016)

Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016) [2016] ZALMPPHC 8 (22 September 2016)

Court

Limpopo High Court, Polokwane

Case number

3972/2016

Judge

E M Makgoba

The High Court ordered the HOA to issue clearance certificates for property transfers and dismissed its counter-application to force further restructuring negotiations.

• Clearance Certificates
• Liquidation Transfer
• Contractual Negotiation
• Ubuntu Principle
• Clearance-certificates
• Property-transfer