Levies Owing to HOA: Prescription Alert
Lukhele v Fernbrook Estate Homeowners Association (61719/13) ZAGPPHC (17 February 2015)
This judgment alerts property practitioners and HOAs to the good practice requirement that, at all times, tabs must be kept on outstanding levies. The right to disallow an execution sale purchaser to take transfer of a property unless outstanding amounts are paid, does not cover debts that have already become prescribed, as the present matter illustrates.
Summary of the Judgment
Rules for Owner Builder’s Exemption from NHBRC Laws
Ruiters v Minister of Human Settlements and Another (13669/14)  ZAWCHC 107 (12 August 2015)
The dispute in this matter dealt with the NHBRC’s argument that an owner builder has to apply for late enrolment if he failed to register with the Council before commencing building work. As the Act allows owner builders to be exempted, upon application, from compliance with the enrolment requirements that apply in respect of home builders, the owner builder argued that he need not apply for late enrolment. The outcome highlights the correct procedure in such instances.