South Africa Case Law

23 Laurel Street Properties v Lethabo Village Body Corporate and Another (1568/2025)

23 Laurel Street Properties v Lethabo Village Body Corporate and Another (1568/2025) [2025] ZAFSHC 215 (14 July 2025)

Court

Free State High Court, Bloemfontein

Case number

1568/2025

Judge

Buys AJ

The court found that the impugned resolutions adopted by the first respondent exempting the applicant from levy contributions on unoccupied units were ultra vires and void ab initio, as they contravened the statutory obligations imposed by the Sectional Titles Schemes Management Act and its regulations. The body corporate is required by law to levy contributions on all owners, and no power exists to exempt any owner, including a developer, from this duty. The applicant's reliance on prior conduct and the issuance of R0-00 clearance certificates for other units does not override the statutory…

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• Sectional Titles Schemes Management Act
• Levy Collection
• Ultra Vires Resolutions
• Clearance Certificates

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959)

Spotprops 34 (Pty) Ltd v Bridgetown Body Corporate and Others (2023/131988; 2024/135959) [2025] ZAGPJHC 544 (6 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/131988; 2024/135959

Judge

L Windell

The court found that the ombud's decision to appoint the executive managing agent was procedurally and substantively flawed. The resolution relied upon did not meet the statutory 25% participation quota, as many signatories were not registered owners, proxies were not properly authorised, and duplicate signatures existed. The ombud failed to verify the authenticity and sufficiency of the supporting documentation, acting on unverified and misleading information. This omission rendered the decision irrational and unlawful under the Promotion of Administrative Justice Act. In the 2023 applicatio…

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• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Executive Managing Agent
• Lis Alibi Pendens
• Promotion Of Administrative Justice Act
• Proxy Voting

Body Corporate Silver Stream v Mathibela (97703/2015)

Body Corporate Silver Stream v Mathibela (97703/2015) [2025] ZAGPPHC 101 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

97703/2015

Judge

L.A. Retief

The respondent failed to pay levies, resulting in a valid default judgment. No opposing affidavit was properly filed, and condonation for late filing was refused due to an unexplained and unreasonable delay. The property is not the respondent's primary residence; she resides elsewhere. The Sectional Titles Schemes Management Act imposes a statutory obligation to pay levies, which remains undisturbed. The requirements of Uniform Rule 46A were satisfied, including service on all affected parties and consideration of the rights of the occupant, Ms Pearl Mathibela. However, her right to adequate…

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• Specific Executability
• Sectional Titles Schemes Management Act
• Uniform Rules Of Court Rule 46a
• Condonation
• Reserve Price Setting

Body Corporate The Straight v Katisi (2023/031774)

Body Corporate The Straight v Katisi (2023/031774) [2025] ZAGPJHC 2 (3 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/031774

Judge

Windell

The court found that the Body Corporate is entitled to judgment for arrear levies and electricity charges, as the respondent conceded indebtedness and failed to raise a valid defence. The scheme's rules and resolutions, passed by the trustees, bind all unit owners, including the respondent, and authorise recovery of arrears and disconnection of electricity for non-payment. The Body Corporate demonstrated a tacit agreement with the respondent upon his purchase of the unit, obliging him to comply with scheme rules. The applicant followed due process, including notice of consequences for non-pay…

Source excerpt

• Sectional Titles Schemes Management Act
• Arrear Levies
• Electricity Disconnection
• Tacit Agreement
• Interest On Arrears

Spotprops 34 (Pty) Ltd v Community Schemes Ombud Services and Others (2024/135959)

Spotprops 34 (Pty) Ltd v Community Schemes Ombud Services and Others (2024/135959) [2024] ZAGPJHC 1303 (20 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/135959

Judge

PG Louw

The court found that while the applicant's delay in bringing the application was explained by its need to gather evidence, the matter did not meet the threshold for urgency under rule 6(12)(b). The applicant failed to demonstrate that substantial redress could not be obtained in the ordinary course, as its application for the appointment of an administrator under section 16 of the Act was already ripe for hearing and could be resolved within a few months. The court also noted that Management Rule 28(3) provides protection to the Body Corporate against losses caused by the EMA's lack of skill…

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• Urgency In Motion Proceedings
• Sectional Titles Schemes Management Act
• Appointment Of Executive Management Agent
• Rule 6 12 B
• Administrator Appointment

SS Glen High v Kruger NO (2023/055133)

SS Glen High v Kruger NO (2023/055133) [2024] ZAGPJHC 1059 (10 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055133

Judge

De Beer

The court found that the deponent, as manager of the managing agent, had sufficient personal knowledge of the applicant's claim, supported by access to records and the nature of his duties. The respondent did not dispute the authenticity or correctness of the documents or the computed amounts. The court held that the delivery of a section 34(1) notice under the Administration of Estates Act does not bar the applicant from instituting action, as common-law remedies remain available. Regarding the inclusion of untaxed legal costs, the court relied on the Supreme Court of Appeal's decision in Ma…

Source excerpt

• Sectional Titles Schemes Management Act
• Summary Judgment
• Liquidated Claims
• Body Corporate Powers
• Administration Of Estates Act

Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021)

Club Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others (D11451/2021) [2024] ZAKZDHC 40; 2025 (3) SA 488 (KZD) (4 June 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D11451/2021

Judge

Olsen

The High Court held that a CSOS adjudicator may not delegate core decision-making to an auditor, upheld condonation, set aside the award, and remitted the dispute.

• Community Schemes Ombud Service Act
• Delegation Of Adjudicative Powers
• Condonation Of Late Appeal
• Sectional Titles Schemes Management Act
• Community-schemes-ombud-service
• Delegation-of-powers

Body Corporate of Balboa Park v Skeyi and Another (2023-061020)

Body Corporate of Balboa Park v Skeyi and Another (2023-061020) [2024] ZAGPJHC 361 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-061020

Judge

EF Dippenaar

The court held that neither the Sectional Titles Act, the Sectional Titles Schemes Management Act, nor the management or conduct rules expressly confer on a body corporate the power to disconnect electricity or limit water supply to defaulting owners. The applicants failed to establish that such powers are implied, ancillary, or incidental, as the test for implication requires necessity, not mere convenience. The resolutions authorising the applications were ultra vires, having been passed by trustees rather than at a general meeting, and purporting to exercise powers not conferred by statute…

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• Sectional Titles Schemes Management Act
• Sectional Titles Act
• Implied Powers
• Levy Collection
• Constitutional Rights Limitation
• Mandament Van Spolie

Riverlair Body Corporate and Another v Caris Brook Homeowners Association NPC and Others (016149/2022)

Riverlair Body Corporate and Another v Caris Brook Homeowners Association NPC and Others (016149/2022) [2024] ZAGPJHC 366 (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

016149/2022

Judge

Crutchfield

The High Court dismissed a review of a CSOS adjudication order confirming Riverlair owners’ liability for levies imposed by the neighbouring homeowners association.

• Community Schemes Ombud Service Act
• Sectional Titles Schemes Management Act
• Levy Liability
• Administrative Action Review
• Conditions Of Establishment
• Administrative-action-review

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