South Africa Case Law

Body Corporate of Brushwood Sectional Title Scheme v Whitfields Property Management (Pty) Ltd (17078/2021)

Body Corporate of Brushwood Sectional Title Scheme v Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

17078/2021

Judge

Twala M L

The court held that the applicant was entitled to terminate the management agreement due to the respondent's breach in refusing to execute its mandate to pay a creditor as instructed by the trustees. The trustees were found to have authority to act, as they were duly appointed at the 2019 annual general meeting and their actions remained valid under the prescribed management rules, even if there was a defect in their appointment. The respondent's refusal to accept the cancellation and to deliver the documents was unjustified. The applicant was not required to give notice of termination, and t…

Source excerpt

• Sectional Titles Schemes Management Act
• Termination Of Agency
• Breach Of Contract
• Prescribed Management Rules
• Authority Of Trustees

Padachie v Body Corporate of Crystal Cove and Others (6592/2016)

Padachie v Body Corporate of Crystal Cove and Others (6592/2016) [2017] ZAKZDHC 24 (15 June 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

6592/2016

Judge

Radebe

The court found that the applicant was permitted to inspect the documents but was not allowed to make copies or take notes using electronic devices under the management rules in force prior to October 2016. The second respondent's refusal to permit copying was based on a genuine belief in the limits of the rules and was not shown to be mala fide or grossly negligent. The applicant failed to refute the second respondent's version or to establish misconduct warranting a personal costs order. The legislative change in October 2016 rendered the substantive relief academic, and the first responden…

Source excerpt

• Sectional Title Management
• Inspection Of Documents
• Costs Award
• Prescribed Management Rules

Riters KG v Body Coporate of Vierhof and Others (46178/2014)

Riters KG v Body Coporate of Vierhof and Others (46178/2014) [2015] ZAGPPHC 951 (10 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

46178/2014

Judge

Collis

The court found that the applicant failed to establish that the AGMs in question were invalid. The 2012 AGM was adjourned due to lack of quorum, and the subsequent meeting was properly constituted. The applicant's absence was due to her own failure to follow up on the meeting's outcome. The appointment of the chairperson was not irregular. For the 2013 AGM, the applicant was disqualified from voting due to unverified levy payments, and the meeting was adjourned as required. The applicant's complaints did not amount to procedural irregularities warranting the meetings being declared null and v…

Source excerpt

• Sectional Titles Act
• Prescribed Management Rules
• Annual General Meeting Validity
• Proxy Voting Disqualification
• Final Interdict Requirements

Unit 1501 Twin Towers South (Pty) Ltd v Trustees for the time being of the Twin Towers Body Corporate and Others (10089/2005)

Unit 1501 Twin Towers South (Pty) Ltd v Trustees for the time being of the Twin Towers Body Corporate and Others (10089/2005) [2007] ZAWCHC 42 (25 July 2007)

Court

Western Cape High Court, Cape Town

Case number

10089/2005

Judge

D Van Reenen

The court dismissed a challenge to a sectional title rule, holding it remained valid under transitional provisions and was not barred by the 1986 Act.

• Sectional Titles Act
• Body Corporate Rules
• Prescribed Management Rules
• Reasonableness Of Rules
• Transitional Provisions
• Contributions To Common Property