COMMON SENSE COMPONENT FOR HOA RULES
Bushwillow Park Home Owners v Fernandes and Others (2014/31526) [2015] ZAGPJHC 250
(23 October 2015)
A set of rules cannot accommodate each and every eventuality. In the present matter, for example, the HOA rules did not contain specific provisions regarding the colour of exterior paint that owners may use. Taking into account the nature of estate living, the context and wording of existing rules, the court in this matter, addressing the question whether owners were required to obtain permission before painting lime green stripes on their home, noted that owners should use common sense when determining whether or not permission would be required.
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The Judgment
Summary of the Judgment
SELLER FUNDING PROPERTY SALE: CONSEQUENCE OF NO NCA REGISTRATION
La Mer Jeffreys Akkommodasie Bk v Flashcor 182 CC and Another (1683/2015) [2015] ZAECPEHC 57 (8 September 2015)
Lending money to another, also as property seller to a purchaser by way of registering a bond in favour of the seller over the property sold, raises questions as to the applicability of the National Credit Act and registration as a credit provider. If the Act applies and is not complied with, the transaction is void and can result in a cancellation of both the transfer and bond registration, as the outcome in this matter illustrates.
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The Judgment
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