ONE OWNER’S LIABILITY FOR LEVIES INCREASED
Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine (9015/2014) [2016] ZAKZDHC 1
(5 February 2016)
In sectional title developments, levies are raised according to the framework provided in the scheme’s Management Rules. The Sectional Titles Act provides mechanisms for the amendment of the rules, which is what occurred in this matter. The question raised was whether the affected owner whose levy liability increased as a result, could challenge the new rule on the basis that his rights were “adversely affected”, as section 32(4) of the Act provides that where an owner’s rights are adversely affected, his consent to the amendment must first be obtained.
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The Judgment
Summary of the Judgment
REZONING APPROVAL AND 2 YEAR LAPSING PERIOD
Langebaan Ratepayers & Residents Association v Berrydust 69 CC and Another (15849/2015) [2015] ZAWCHC 183 (19 November 2015)
What triggers the lapsing of rezoning in terms of section 16 of LUPO in circumstances where an appeal was lodged against the rezoning? Was it the date of the initial approval or the date of the MEC’s decision to dismiss the objection? The judgment provides a clear guideline how to address the position.
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The Judgment
Summary of the Judgment
