FIRING YOUR MANAGING AGENT AND OTHER TRUSTEE CHALLENGES
The Body Corporate of Brushwood Sectional Title Scheme vs Whitfields Property Management (Pty) Ltd (17078/2021) [2022] ZAGPJHC 358 (26 May 2022)
It is not often that a matter is reported dealing with the termination of a managing agent appointment. The circumstances giving rise to the breakdown herein aside, the Court highlighted that one must remember that the relationship between a body corporate and managing agent is one of agency and mandate. Under our common law, a mandate is in general terminable at the will of the principal and it would be against public policy to coerce a principal into retaining an agent when he no longer wishes to have him as such. Apart from this, the judgment is instructive as it highlights the powers of trustees to pass a resolution to terminate a contract with a managing agent in circumstances where the trustee appointments were not finalised at the schemes’ previous AGM.
The Judgment
Summary of the Judgment
BODY CORPORATE HAS THE RIGHT TO INSPECT A UNIT!
The Body Corporate of the Sorronto Sectional Title Scheme, Parow v Koordom and Another (5439/2021) [2022] ZAWCHC 99 (26 May 2022)
This matter deals with a body corporate’s successful action to hold an owner responsible for certain costs it had to expend to gain access to a unit to perform a leak inspection. The owner refused, up until the steps of the court, as he argued that he had on a previous occasion granted such access. However, with a recurring leak in a neighbouring unit, the body corporate needed to investigate the matter further so as to maintain the scheme, as prescribed by law. The recalcitrant behaviour had come back to bite, costing the owner.
