NOT A TRIFLE TO WALK AWAY FROM A SALE
Myburgh v Equestrian Valley (Pty) Ltd (15986/2012) [2016] ZAWCHC 6 (4 February 2016)
A purchaser, disenchanted with the rate of completion of extras in the equestrian estate in which he invested, sought to cancel the agreement as a result. The court was asked to determine, almost six years after signing the sale agreement, whether he could do so when no date was stipulated by when the extras in the development should be completed.
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The Judgment
Summary of the Judgment
THORNY HOA SPEEDING RULES AND DEACTIVATED ACCESS DISCS
Singh and Another v Mount Edgecombe Country Club Estate and Others (3962/2014, 1118/2014, 4375/2014) [2016] ZAKZDHC 2 (4 February 2016)
This matter deals with objections raised in respect of some restrictive rules contained in the homeowners’ association’s governing documents. As often is the case, the court is tasked with defusing the tension, assessing what an owner thinks is unfair and what the governing board’s assumed reasonable rules are. The judgment also deals with the tricky issue of deactivating access discs as a consequence of non-payment of penalties.
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The Judgment
Summary of the Judgment