HOA CREATES FALSE IMPRESSION THAT BUILDER MUST ACCREDIT
Emfuleni Golf Estate (Pty) Ltd v Vinbosch Construction CC (49544/14) [2015] ZAGPPHC 610 (25 August 2015)
Affairs of developers and homeowners’ associations are often closely synchronized and can, for example, lead to a homeowners’ association employee advising a builder that accreditation is required in terms of the association’s constitution, whilst it is in fact a demand of the developer. The court in this matter had to decide, in such a scenario, if the builder can escape liability under the accreditation agreement by arguing that he was falsely induced to conclude it.
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The Judgment
Summary of the Judgment
JAIL TERM FOR IGNORING INTERDICT TO STOP HARASSING SCHEME’S TRUSTEES
Body Corporate of El Sol v De Waal (69611/2014) [2015] ZAGPPHC 614 (28 August 2015)
Living in close proximity to each other as sectional title schemes generally provide for, presents its own unique challenges. Confrontations between owners and the trustees of the body corporate are not uncommon. Courts can be approached for relief and where an owner makes himself guilty of acrimonious and disruptive behavior, a cost order and jail term can be the next step.
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The Judgment
Summary of the Judgment