BUILDING PENALTIES: WAKING UP LATE
Gafoor v Lakewood Homeowners Association and Another (23709/2015)  ZAGPJHC 337
(8 December 2016)
Recently there has been a spate of cases dealing with property owners’ belated confrontation with penalties payable to a homeowners’ association resulting from delayed compliance with the association’s building deadlines. This judgment is another in this regard and serves not only as a reminder to owners to adhere to the timelines, but also as a warning that once the relevant property is sold, access to HOA documentation which the (now HOA non-member) seller seeks to utilize to query the penalty, is curbed.
VAT SCARE IN PROPERTY SALE AGREEMENT
Gerber v Naidoo and Another (3048/2015)  ZAECPEHC 11 (25 February 2016)
The judgment deals with a claim by liquidators in an insolvent estate that the price of a property sold by them, subject to the bondholder’s consent, was VAT exclusive and that the purchaser was liable to pay VAT on the purchase price. Although not included in the agreement, the liquidators argued that the purchaser was liable therefor because the bondholder’s consent was made conditional on the purchaser paying VAT. What now?