Hermanus Beach Club Homeowners' Association and Others v Hermanus Beach Club Homeowners' Association and Others (12508/2015)
Hermanus Beach Club Homeowners' Association and Others v Hermanus Beach Club Homeowners' Association and Others (12508/2015) [2018] ZAWCHC 111 (3 September 2018)
The court found that the MHOA failed to establish a binding legal basis compelling all beach house owners to be members. The servitudes and deeds of sale did not uniformly impose such obligations, and the conduct of individual owners could not be generalized to all. The MHOA’s memorandum and articles, as well as its register of members, did not reflect universal membership. The Companies Act requirements for membership were not met, and the MHOA’s governance structure was incompatible with the current legal regime. The court held that there was no legally binding site development plan applica…
Source excerpt
- Homeowners Association Membership
- Servitude Registration
- Site Development Plan
- Sectional Title Schemes
- Municipal Planning Regulations