HOA CREATES FALSE IMPRESSION THAT BUILDER MUST ACCREDIT Emfuleni Golf Estate (Pty) Ltd v Vinbosch Construction CC (49544/14) [2015] ZAGPPHC 610 (25 August 2015) Affairs of developers and homeowners’ associations are often closely synchronized and can, for example, lead to
Read MoreRectification of Sale Contract With Non-Variation Clause? Jacobs v Southey and Others (724/14) [2015] ZANCHC 12 (24 April 2015) Rectification is a remedy for a contracting party whose written agreement does not reflect the common intention of the parties at
Read MoreLevies Owing to HOA: Prescription Alert Lukhele v Fernbrook Estate Homeowners Association (61719/13)[2015] ZAGPPHC (17 February 2015) This judgment alerts property practitioners and HOAs to the good practice requirement that, at all times, tabs must be kept on outstanding levies.
Read MoreImproper Plan and Zoning Approval: Demolish 5 of 9 Storeys Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) [2015] ZAKZDHC 54 (29 June 2015) If a local authority and developer do not follow required notification procedures
Read MoreSelling subdivided land: rates clearance required on mother erf? EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014) [2015] ZAKZDHC 55 (26 June 2015) After a general plan was registered in respect of a developer’s land on
Read MoreHalf truths render tenant liable for landlord damages Superstrike Investments 53 (Pty) Ltd v Siyakha Management Services (Pty) Ltd and Others (2006/2035) [2015] ZAGPJHC 78 (29 April 2015) During lease agreement negotiations, the prospective anchor tenant intimated that it was
Read MoreScheme’s trustees replaced: substance over form Body Corporate of the Falcons v Rademan and Others (A637/2013, 16173/2012) [2015] ZAGPPHC 459 (14 July 2015) This is another judgment illustrating the frequency of disputes regarding trustees’ management of sectional title schemes. The
Read More