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Land And Property [2023] ZAKZDHC 39

Body Corporate of San Sydney v Singh and Others (D10058/2018)

Body Corporate of San Sydney v Singh and Others (D10058/2018) [2023] ZAKZDHC 39 (23 June 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
D10058/2018
Judge
Gabriel AJ

The court found that the applicant's agreement with HF Property was not a mere cession of the right to extend the scheme, but also involved the sale of buildings constructed on common property. Such a transaction required a prior unanimous resolution of owners under section 5(1)(a) of the STSMA and section 17 of the STA, not merely written consent after the fact. The trustees acted outside their powers by concluding the agreement without first presenting options to owners, calling a meeting, and obtaining proper authorisation. The respondent had good cause in law to withhold consent, as the s…

Source excerpt

  • Sectional Titles Act
  • Sectional Titles Schemes Management Act
  • Alienation Of Common Property
  • Unanimous Resolution
  • Real Right Of Extension
  • Trustee Powers
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Land And Property [2020] ZAGPPHC 198

Maxiprops 1041 (Pty) Ltd v Gauteng Master Builder Association and Others (22327/2018)

Maxiprops 1041 (Pty) Ltd v Gauteng Master Builder Association and Others (22327/2018) [2020] ZAGPPHC 198 (27 May 2020)

Court
North Gauteng High Court, Pretoria
Case number
22327/2018
Judge
Sardiwalla

The applicant lacks locus standi to bring the application directly, as section 25(6) of the Sectional Titles Act vests the right of extension in the body corporate, not individual members. The statutory scheme requires that an aggrieved owner must first serve notice on the body corporate and, if the body corporate fails to act, apply for the appointment of a curator ad litem to institute proceedings on behalf of the body corporate. The applicant did not follow this procedure and cannot bypass the statutory requirements by relying on the deed of sale. The refusal of consent by the respondents…

Source excerpt

  • Sectional Titles Act
  • Locus Standi
  • Body Corporate Powers
  • Real Right Of Extension
  • Internal Remedies
  • Curator Ad Litem
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Land And Property [2017] ZAFSHC 173

Goldex 16 (Pty) Ltd v Bpdy Corporate of Waterford Golf and River Estate SS 139/2006 and Another (3979/2016)

Goldex 16 (Pty) Ltd v Bpdy Corporate of Waterford Golf and River Estate SS 139/2006 and Another (3979/2016) [2017] ZAFSHC 173 (13 October 2017)

Court
Free State High Court, Bloemfontein
Case number
3979/2016
Judge
Daffue

The court found that Goldex, as the owner of a Real Right of Extension, is not statutorily liable for payment of levies under the Sectional Titles Act or Management Act, except for limited contributions specified in section 3(1)(d) of the Management Act. However, Goldex contractually bound itself to pay levies for unsold stands, as evidenced by minutes of meetings and deeds of sale. The Body Corporate's claim for registration of servitudes was dismissed due to lack of specificity and supporting documentation, but the transfer of units 1 and 2 was ordered as Goldex did not object in principle.…

Source excerpt

  • Sectional Titles Act
  • Real Right Of Extension
  • Levy Liability
  • Contractual Obligation
  • Management Act
  • Praedial Servitude
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Administrative Law [2016] ZAFSHC 182

Body Corporate of the Hydromed Sectional Title Scheme and Others v Du Plessis N.O. and Others (6000/2015)

Body Corporate of the Hydromed Sectional Title Scheme and Others v Du Plessis N.O. and Others (6000/2015) [2016] ZAFSHC 182 (3 November 2016)

Court
Free State High Court, Bloemfontein
Case number
6000/2015
Judges
J.P. Daffue, P.U. Fischer

The court held that the Appeal Board and municipal valuer acted ultra vires and irrationally by valuing and rating unregistered sectional title units and buildings erected under the s 25 real right of extension, which were not registered as property in the Deeds Office. The Rates Act only permits valuation and rating of registered property and rights. The Appeal Board's decision to allocate a value of R81 million to the extensions was unlawful, as the s 25 real right was not separately valued or included in the valuation roll, and the required procedures for supplementary valuation under s 78…

Source excerpt

  • Municipal Property Rates Act
  • Sectional Titles Act
  • Valuation Rolls
  • Ultra Vires
  • Real Right Of Extension
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Land And Property [2010] ZASCA 78

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009)

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009) [2010] ZASCA 78; [2010] 4 All SA 282 (SCA) (28 May 2010)

Court
Supreme Court of Appeal
Case number
454/2009
Judges
Cloete, Ponnan, Malan, Bosielo, Leach

The Supreme Court of Appeal held that the developer's right of extension over the plant area was reserved specifically for the benefit of section 401, as reflected in the registered plans and documents. The developer was not entitled to transfer or cede this right to any person other than the owner of section 401, nor to incorporate the plant area into another section. The court found that financial considerations alone did not constitute 'changed circumstances' justifying deviation from the terms of the reservation. The developer's attempt to transfer the right to the seventh respondent was…

Source excerpt

  • Sectional Titles Act
  • Real Right Of Extension
  • Standing Of Unit Owner
  • Changed Circumstances
  • Exclusive Use Area
  • Interdict
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Land And Property [2009] ZAWCHC 31

Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds and Another (20645/08)

Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds and Another (20645/08) [2009] ZAWCHC 31 (23 March 2009)

Court
Western Cape High Court, Cape Town
Case number
20645/08
Judge
Zondi

The court held that the Registrar of Deeds did not act unlawfully in refusing to register the applicant's sectional plan of extension. The applicant failed to provide evidence of 'changed circumstances' that would make strict compliance with the original participation quota schedule impracticable, as required by section 25(13) of the Sectional Titles Act. The applicant's reliance on technicalities and market changes was unsupported by factual evidence. The court confirmed that the determination of 'changed circumstances' is a judicial function and not within the Registrar's purview. The appli…

Source excerpt

  • Sectional Titles Act
  • Real Right Of Extension
  • Administrative Action Review
  • Changed Circumstances
  • Participation Quota Amendment
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Land And Property [2009] ZAWCHC 32

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (12901/08)

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (12901/08) [2009] ZAWCHC 32 (13 March 2009)

Court
Western Cape High Court, Cape Town
Case number
12901/08
Judge
Jamie

The court found that the actions of the Registrar of Deeds and Surveyor-General in registering the real right of extension and approving the subdivision constituted administrative action under PAJA. However, the non-compliance with section 25(2) of the Sectional Titles Act was of minimal practical consequence, as the applicants were aware of and amenable to the reservation of the right, and suffered no prejudice. The purpose of section 25(2) is to protect existing owners, but in this case, the physical alterations were minor and did not materially affect other owners. The court exercised its…

Source excerpt

  • Sectional Titles Act
  • Real Right Of Extension
  • Administrative Action Under Paja
  • Statutory Compliance
  • Judicial Review
  • Locus Standi
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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.

Source links and collection timestamps are retained alongside the indexed records.