Scheme’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 issue here dealt with the removal of trustees by the body corporate members at a meeting convened for this purpose. The court dismissed arguments by the former trustees that their removals were invalid because the meeting agenda did not specifically notify them that this was on the cards. The substance of the agenda was adequate notification, and compliant with Management Rule 13, that such steps were anticipated.
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The Judgment
Summary of the Judgment
Proper enquiry of leasehold rights claim vital
Ntshalintshali and Others v Sekano and Others (2014/31317) [2015] ZAGPJHC 123 (12 June 2015)
This judgment is one of a few that deals with and provides insight into the application of the Conversion of Certain Rights into Leasehold or Ownership Act. The Act provides for the conversion of certain rights of occupation to leasehold or full ownership, which process requires a proper investigation of all claims in respect of a piece of land. Where such investigation is not properly performed, the granting of leasehold rights as well as the transfer thereof in the deeds office, can be reversed, as this judgment shows.
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The Judgment
Summary of the Judgment
