South Africa Case Law

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019)

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180; [2021] 4 All SA 786 (WCC); 2022 (1) SA 175 (WCC) (31 August 2021)

Court

Western Cape High Court, Cape Town

Case number

15175/2019

Judges

Ndita, Dolamo, Sher

The court held that the exclusive use rights to parking bays P64, P73, and P74, although currently vested in the body corporate by operation of section 27(1)(c) of the Sectional Titles Act, remain extant and have not been cancelled by valid resolution. The applicant acquired personal rights to these exclusive use areas through a binding sale agreement and addendum with the developer, and the omission to transfer these rights was a conveyancing error. The body corporate holds the rights in a custodial capacity and is obliged to cooperate in effecting transfer to the applicant, who is the regis…

Source excerpt

• Sectional Titles Act
• Exclusive Use Rights
• Rectification Of Deeds
• Transfer Of Real Rights
• Fiduciary Duties Body Corporate

Le Roux v Dunrobin Body Corporate and Others (10268/2019)

Le Roux v Dunrobin Body Corporate and Others (10268/2019) [2020] ZAWCHC 53 (9 June 2020)

Court

Western Cape High Court, Cape Town

Case number

10268/2019

Judge

Wille

The court held that the applicant was entitled to cession of exclusive use rights over parking bay P12, granted interdictory relief over P13, and dismissed the counter-application.

• Sectional Titles
• Exclusive Use Areas
• Deeds Registries Act
• Declaratory Relief
• Interdict
• Transfer Of Real Rights

Croxford Trading 7 (Pty) Ltd and Another v The Body Corporate of the Inyoni Rocks Cabanas Scheme no ss1/1978 (174/10)

Croxford Trading 7 (Pty) Ltd and Another v The Body Corporate of the Inyoni Rocks Cabanas Scheme no ss1/1978 (174/10) [2011] ZASCA 27 (18 March 2011)

Court

Supreme Court of Appeal

Case number

174/10

Judges

Brand, Maya, Cachalia, Shongwe, Petse

The Supreme Court of Appeal held that the developer's right of extension under the Sectional Titles Act 66 of 1971 was not transferable once the developer disposed of its interest in the common property. The 1993 Amendment to the Sectional Titles Act 95 of 1986 did not dispense with the requirement of ownership for the exercise or transfer of the right of extension acquired under the 1971 Act. The language of the amendment preserved the original requirement that the right of extension must be exercised as if the 1971 Act had not been repealed, meaning the developer must retain ownership of a…

Source excerpt

• Sectional Titles Act
• Right Of Extension
• Transfer Of Real Rights
• Declaratory Relief