South Africa Case Law

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024)

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024) [2025] ZAKZPHC 40 (24 April 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR39/2024

Judges

Henriques, N Nako, Mlaba

The court found that clause 11.7 of the sale agreement unlawfully and unfairly restricted the respondent's and other owners' rights to vote for trustees and the chairperson of the body corporate, contrary to the Sectional Titles Act and prescribed management rules. The clause unduly favoured the developer, was perpetual in effect, and violated public policy as informed by constitutional values. The court held that the principle of pacta sunt servanda does not override considerations of fairness and public policy. The non-joinder of other owners and the body corporate was not fatal, as they wo…

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• Sectional Titles Act
• Management Rules
• Public Policy In Contract
• Joinder
• Condonation
• Severance Of Contract Terms

Henque 1838 CC v Body Corporate of Kirtlington Park (3614/2021)

Henque 1838 CC v Body Corporate of Kirtlington Park (3614/2021) [2022] ZAKZDHC 42 (29 September 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

3614/2021

Judge

Mlaba AJ

The court found that the amended management rule 31.1, which required all owners to pay equal levies regardless of the size of their units, was adopted without obtaining written consent from owners adversely affected by the change, as required by section 32(4) of the Sectional Titles Act. The fact that the applicant was not an owner at the time of the amendment does not preclude it from being adversely affected as the current owner. The respondent's historical practice of charging equal levies was unlawful and did not negate the statutory requirement for written consent. The applicant demonst…

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• Sectional Titles Act
• Levy Calculation
• Management Rules
• Ultra Vires
• Locus Standi

Body Corporate of the Bend v Holgado and Others (17295/2014)

Body Corporate of the Bend v Holgado and Others (17295/2014) [2018] ZAKZPHC 44 (25 July 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17295/2014

Judge

Poyo Dlwati

The High Court held that BBM Attorneys lacked authority to launch the main application, but upheld the 9 August 2014 trustees’ meeting and set aside later invalid resolutions.

• Sectional Titles Act
• Authority Of Attorney
• Management Rules
• Trustee Meetings
• Levy Apportionment
• Sectional-title-law

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015)

Biccari and Another v Body Corporate of Shoreham and Others (8961/2015) [2018] ZAWCHC 2; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (24 January 2018)

Court

Western Cape High Court, Cape Town

Case number

8961/2015

Judge

JH Loots

The High Court held that most disputed parking bay rights in the Shoreham sectional scheme were not validly transferred, but several respondents proved exclusive use rights.

• Sectional Titles Act
• Exclusive Use Areas
• Management Rules
• Deed Of Cession
• Common Property
• Costs Orders

Body Corporate of Via Quinta v Van der Westhuizen N.O. and Another (A196/2017)

Body Corporate of Via Quinta v Van der Westhuizen N.O. and Another (A196/2017) [2017] ZAFSHC 215 (16 November 2017)

Court

Free State High Court, Bloemfontein

Case number

A196/2017

Judges

Murray, Reinders

The court held that the respondents' plea created a dispute regarding the validity of the special contribution and administration costs, which was arbitrable under Rule 71 of the Sectional Titles Act. The requirement for a written declaration of dispute prior to summons was rejected; a dispute may arise at any stage, including in the plea. The management rules are contractual, not statutory, and arbitration is consensual, not compulsory. The applicant failed to show good cause why the matter should not be referred to arbitration. The court a quo exercised its discretion judicially, considerin…

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• Sectional Titles Act
• Arbitration Clause
• Stay Of Proceedings
• Management Rules
• Special Contribution
• Dispute Resolution

Central Plaza Investments 85 (Pty) Limited v Body Corporate: Mangrove Beach Centre (11454/2015)

Central Plaza Investments 85 (Pty) Limited v Body Corporate: Mangrove Beach Centre (11454/2015) [2017] ZAKZDHC 42 (31 October 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

11454/2015

Judge

Masipa

The court found that the Applicant, as owner of the commercial section, has a direct and substantial interest in the management rules and their application, and is entitled to seek declaratory relief. The Respondent's argument that the only remedy available to the Applicant is to compel the institution of proceedings for recovery of levies was rejected, as the relief sought is broader and relates to the proper application of the management rules and voting rights within the scheme. The court held that authority to institute proceedings must be challenged under Rule 7(1), and in the absence of…

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• Sectional Titles Act
• Management Rules
• Declaratory Relief
• Locus Standi
• Special Levy Allocation

Fletcher and Another v Montega Body Corporate (13/34654)

Fletcher and Another v Montega Body Corporate (13/34654) [2015] ZAGPJHC 236 (16 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

13/34654

Judge

Fisher

The court dismissed an application by sectional title owners for further access to body corporate records after finding they had already been given reasonable inspection.

• Sectional Titles Act
• Access To Body Corporate Records
• Inspection Of Documents
• Management Rules
• Costs Orders
• Sectional-titles-act

Body Corporate of Valence House (SS : 183/1992) v Malani NO and Others (9462/2014)

Body Corporate of Valence House (SS : 183/1992) v Malani NO and Others (9462/2014) [2015] ZAKZDHC 52 (25 June 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

9462/2014

Judge

Lopes

The court granted enforcement of a sectional title arbitration award, rejecting challenges based on authority, lis alibi pendens, bias, notice, and set-off.

• Arbitration Award Enforcement
• Sectional Titles Act
• Management Rules
• Lis Alibi Pendens
• Authority Of Representatives
• Arbitration-award-enforcement

Paganelli and Another v Beisheim and Others (3087/2014)

Paganelli and Another v Beisheim and Others (3087/2014) [2015] ZAKZDHC 19 (10 March 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

3087/2014

Judge

Olsen

The court dealt with a sectional title dispute over replacing kitchen windows, interpreting conduct and management rules on common property and improvements.

• Sectional Titles Act
• Conduct Rules
• Management Rules
• Declaratory Relief
• Common Property
• Alterations To Property

Mphigalale v Body Corporate of Protea Estate and Another (16763/13)

Mphigalale v Body Corporate of Protea Estate and Another (16763/13) [2013] ZAGPPHC 298 (17 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

16763/13

Judge

Hassim A

The court found that the applicant, by purchasing a sectional title unit, contractually agreed to be bound by the management rules, including the arbitration process set out in Rule 71. The argument that the applicant did not consent to arbitration was rejected, as the rules are deemed consensual and binding on all owners. The issue of improper notice was not pleaded and was raised for the first time in oral argument; therefore, no finding could be made in the applicant's favour on that point. The applicant failed to demonstrate any prejudice that would result from the arbitration proceeding.…

Source excerpt

• Sectional Titles Act
• Arbitration Clause
• Management Rules
• Contractual Consent