South Africa Case Law

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017)

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017) [2018] ZAKZPHC 34 (24 August 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR121/2017

Judges

Steyn, Van Zÿl, Ploos van Amstel

The court held that the body corporate's special resolution, which purported to modify the liability of sectional owners for levy contributions by amending the participation quota schedule, was invalid. The Sectional Titles Act requires that any modification to the liability for contributions must be effected through a management rule, adopted by unanimous resolution, not by a conduct rule via special resolution. The resolution in question did not comply with these statutory requirements, as it was passed as a conduct rule and lacked the necessary unanimous consent. The scheme cannot have two…

Source excerpt

• Sectional Titles Act
• Participation Quota
• Levy Contributions
• Ultra Vires
• Special Resolution
• Management Vs Conduct Rules

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017)

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017) [2018] ZAKZPHC 69 (24 August 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR121/2017

Judges

Steyn, Van Zÿl, Ploos van Amstel

The court held that a body corporate could not use a special resolution and conduct rules to alter levy liability; the resolution was declared invalid.

• Sectional Titles Act
• Participation Quota
• Levy Contributions
• Ultra Vires Resolution
• Management Vs Conduct Rules
• Sectional-titles