South Africa Case Law

Appointed Trustees of Madison at Amberfield Body Corporate and Another v CSI Property Management (Pty) Ltd (2024/059279)

Appointed Trustees of Madison at Amberfield Body Corporate and Another v CSI Property Management (Pty) Ltd (2024/059279) [2024] ZAGPJHC 699 (19 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/059279

Judge

C Todd

The court held that a sectional title managing agent’s mandate had ended, ordered handover of records and bank access, and found 18 May 2024 trustee appointments invalid.

• Sectional Title Schemes Management
• Termination Of Management Agreement
• Urgent Interdict
• Governance Of Body Corporate
• Declaratory Relief
• Sectional-title-schemes

Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021)

Drakenberg Body Corporate and Others v Trafalgar Property Management and Others (14470/2021) [2021] ZAGPPHC 682 (29 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

14470/2021

Judge

MJ Mosopa

The court found that the management agreement between the first applicant and first respondent had lapsed by effluxion of time prior to the institution of the application. Although the body corporate failed to comply with the statutory requirement of 30 days' notice for a special resolution, this non-compliance was not fatal to the termination by effluxion of time. The first respondent's continued involvement was not justified, and its obligation to hand over books of account, financial statements, monies, and reserve funds remained. The petition to remove the trustees was declared invalid as…

Source excerpt

• Sectional Title Management
• Termination Of Management Agreement
• Special Resolution Requirements
• Fiduciary Duties Of Managing Agent
• Urgent Interdict
• Body Corporate Governance