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South Africa decisions
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Body Corporate of Bridgetown v Gauteng Management Agents (2024/028185) [2024] ZAGPJHC 328 (30 March 2024)
The court dismissed an urgent application by a body corporate after finding its trustees were disqualified from office under the scheme rules because of arrears.
Montrose Mews Body Corporate v Moela (2023/019308) [2024] ZAGPJHC 198; 2024 (5) SA 291 (GJ) (7 March 2024)
The High Court held that PAIA does not govern a body corporate member’s statutory access to books of account under the sectional titles regulations.
Singh v Body Corporate of ST Tropez (25559/2021) [2023] ZAGPJHC 88 (3 February 2023)
The High Court upheld a body corporate’s counter-application and dismissed an owner’s bid to stop vehicle removal, finding parking rules were breached.
Lucas & Another v Umhlathuze Municipality and Another (785/2020) [2021] ZASCA 181 (17 December 2021)
The Supreme Court of Appeal held that Umhlathuze Municipality was not negligent in relation to a fatal electrocution at a sectional title scheme.
Body Corporate of Duroc Centre v Singh (AR99/18) [2019] ZAKZPHC 29; 2019 (6) SA 45 (KZP) (13 May 2019)
The court held that Dr Singh lacked the necessary locus standi to institute the dispute before the Community Schemes Ombud, as he was neither the owner of the units nor a materially affected party. The adjudicator failed to make a finding on standing before considering the merits, which was a material error of law. The statutory right to lodge a dispute is reserved for owners or those materially affected by the scheme, and mere authority from the owner does not confer standing. Consequently, the appeal was upheld on this narrow legal ground, and the adjudicator's order was set aside.
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