Prospect SA Investments 42 (Pty) Ltd v Lanarco Home Owner Association (13346/12)
Prospect SA Investments 42 (Pty) Ltd v Lanarco Home Owner Association (13346/12) [2014] ZAKZPHC 39 (30 June 2014)
The court held that the applicant, as owner of the erven depicted on the registered general plan, automatically became a member of the respondent Home Owner Association by operation of law and the statutory conditions of township establishment. The Articles of Association do not override the statutory obligation, and the applicant's ownership of the erven triggers membership and liability for levies. The applicant's arguments regarding the non-existence of individual erven and lack of contractual nexus were rejected, as the registration of the general plan created the erven and the statutory…
Source excerpt
- Home Owners Association Membership
- Developer Liability For Levies
- Township Establishment Conditions
- Statutory Membership
- Levy Payment Obligation