Royal Palm Body Corporate v Vahlati Investments (Pty) Ltd and Another (7214/2020P)  ZAKZPHC 28 (1 June 2021)
When the Sectional Title Schemes Management Act came into force in 2016, it changed large parts of the existing Sectional Titles Act. It brought with it, amongst other things, new sets of rules that apply to schemes. An active legal debate exists on the question whether the new rules automatically replaced the existing rules of schemes that existed prior to the new Act’s existence. This judgment dealt with the consequences of the difference between the new and old rules pertaining to the developer’s right to vote at an AGM.
It does not address all the issues and consequences of this legal and practical problem at all. Visit our Sectional Title HQ for more information.