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South Africa Case Law

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Land And Property [2023] ZAKZDHC 75

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)

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
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Administrative Law [2021] ZAGPJHC 783

Body Corporate of Central Square SS 661/2917 v Beck-Paxton N.O and Others (30916/2021)

Body Corporate of Central Square SS 661/2917 v Beck-Paxton N.O and Others (30916/2021) [2021] ZAGPJHC 783 (2 August 2021)

The court found that the applicant established a prima facie right to interim relief in respect of the first adjudication order, given the uncertainty created by the order and the fact that both parties intend to challenge it. The requirements for interim relief were met, as the applicant and its members would face difficulty in implementing the order without further clarity. However, in respect of the second adjudication order, the court held that the applicant failed to establish a prima facie right or irreparable harm, as the order's implementation would not prejudice the applicant and any…

  • Community Schemes Ombud Service Act
  • Sectional Titles Schemes Management Act
  • Interim Interdict
  • Adjudication Review
  • Management Rules Amendment
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Land And Property [2009] ZASCA 122

Du Rand NO v Faerie Glen Renaissance Scheme (302/08)

Du Rand NO v Faerie Glen Renaissance Scheme (302/08) [2009] ZASCA 122; [2010] 1 All SA 383 (SCA) (28 September 2009)

The Supreme Court of Appeal held that the retirement-housing legislation already applied to the scheme, so the rule amendments did not harm the appellants’ proprietary rights.

  • Sectional Titles Act
  • Housing Development Schemes For Retired Persons Act
  • Management Rules Amendment
  • Proprietary Rights
  • Unanimous Resolution
  • Retirement Village Regulation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.