De La Harpe v Body Corporate of Bella Toscana (10088/2013)
De La Harpe v Body Corporate of Bella Toscana (10088/2013) [2014] ZAKZDHC 63 (28 October 2014)
The court found that the garden wall in question encloses the applicant's exclusive use area and, in terms of section 37(1)(b) of the Sectional Titles Act, the responsibility for its repair and maintenance falls on the applicant as the exclusive beneficiary. The applicant failed to establish breaches of statutory duties or substantial prejudice sufficient to justify the appointment of an administrator under section 46. The court dismissed the main application and granted the respondent's counter-application, ordering the applicant to remediate, demolish, and rebuild the wall at her own cost,…
Source excerpt
- Sectional Titles Act
- Exclusive Use Area Liability
- Appointment Of Administrator
- Special Levy
- Structural Defects
- Maintenance Obligations