HOA BLACKMAILS FOR GOOD FAITH NEGOTIATIONS Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016) [2016] ZALMPPHC 8 (22 September 2016) The judgment tells a bizarre story in which an HOA refuses to give clearance certificates
Read MoreThe Sectional Titles Schemes Management Act and Community Services Ombud Act became operational on Friday 7 October 2016 and bring new practicalities to the management of sectional title schemes. The purpose of the amendments is to ensure the smoother and
Read MoreCO-OWNER CLAIMING PARTITIONING: AN IMPOSSIBILITY IF IT IS AGRICULTURAL LAND? Coetzee v Coetzee (18681/2015) [2016] ZAWCHC 115 (8 September 2016) The Subdivision of Agricultural Land Act disallows any subdivision of agricultural land prior to Ministerial consent thereto. Does this mean
Read MoreSELLER TO DISCLOSE THAT PURCHASER’S AGENT RECEIVES SECRET COMMISSION? Attorneys Fidelity Fund Board of Control v Intibane Mediates and Others (56341/2010) [2016] ZAGPPHC 699 (26 July 2016) The 25 pages of facts in this matter reads like a drama, telling
Read MoreSALE PROCEEDS WITHHELD FOR THIRD PARTY CREDITOR? Endeto Engineering CC v Bezuidenhout and Another (59474/2016) [2016] ZAGPPHC 713 (17 August 2016) A surety squandering away assets at a time when the principal debtor has been declared insolvent raises real concerns
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