McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021)
The golf estate where the complainant in this matter owned units, offered to its owners the option, with the consent of the trustees, to rent out their units to third parties. In addition, the owners would then have access to an electronic visitor management solutions application, where codes and passwords are issued to the visitors to gain entry to the golf estate. When it became apparent that some owners were receiving funds from rentals whilst refusing to ensure that their levies remain paid up, the trustees passed a resolution that permission to rent out would be withdrawn in such instances, and such owners will also not have access to the visitor system. A mandament van spolie, a remedy reinstating the position that existed before, was not available to the unhappy owner, the Court found here. The judgment explains why.
