Redefine Properties Ltd v Intrepid Heights (Pty) Ltd and Others (08481/2021)
Redefine Properties Ltd v Intrepid Heights (Pty) Ltd and Others (08481/2021) [2023] ZAKZDHC 95 (14 June 2023)
The court found that the resolutions passed at the Special General Meeting on 5 March 2021 were not validly adopted in accordance with the Sectional Titles Schemes Management Act or the prescribed management rules. The purported modification of the method for charging electricity consumption, and the retrospective adjustment of levy accounts, were not effected by a proper special resolution of the members, nor was the written consent of adversely affected owners obtained. The body corporate is statutorily obliged to collect levies as raised and may not refund or retrospectively adjust contrib…
Source excerpt
- Sectional Titles Schemes Management Act
- Levy Liability Modification
- Participation Quota
- Body Corporate Powers
- Special And Unanimous Resolutions