Van Neijeren N.O and Another v Vulintaba Country Estate Homeowners Association and Others (7422/2022P)
Van Neijeren N.O and Another v Vulintaba Country Estate Homeowners Association and Others (7422/2022P) [2023] ZAKZPHC 114 (17 October 2023)
The court found that the amendments to the MOI and Conduct Rules, including the prohibition on short-term letting, were lawfully passed by special resolution at the annual general meeting on 21 August 2021, with the required notice and voting thresholds met. The Trust, as a member of the homeowners association, is contractually bound by these amendments. The right to short-term letting was not vested beyond the terms of the Conduct Rules, which are subject to lawful amendment. The CSOS adjudicator failed to consider all relevant facts and evidence, but the ultimate legal conclusion reached wa…
Source excerpt
- Community Schemes Ombud Service Act
- Memorandum Of Incorporation Amendment
- Short Term Letting Prohibition
- Special Resolution
- Contractual Rights In Community Schemes