Browsing: Sectional title

A body corporate’s bid to sequestrate a property owner over unpaid levies was dismissed after the High Court found insufficient evidence of insolvency and an advantage to creditors.

A potentially invalid termination of a managing agent’s contract does not guarantee reinstatement. The High Court in Pretoria considered the breakdown in trust, the practical consequences of compelling continued performance and the availability of damages.

A Centurion couple must remove a fence enclosing shared property after the High Court found they had no authorisation to claim the area for exclusive use.

Stormhaven Park trustees have been ordered to pay legal costs personally after the Western Cape High Court found they lacked authority to launch an urgent application.

Not every rule adopted in a sectional title scheme can be enforced. Registration, prescribed rules and the legal status of house rules matter.

A practical guide to the CSOS remedies available when body corporate meetings are improperly convened or resolutions are void or invalid.

Parking disputes are common in sectional title schemes. Here’s how South African law determines whether a parking bay is an exclusive use area or common property.

A High Court judgment has clarified that body corporates are not automatically responsible for replacing faulty prepaid water meters in sectional title schemes.

A practical guide to the appointment, powers and legal duties of body corporate chairpersons, and the remedies available when meeting procedures are not followed.

Law academic Ashwini Singh explains when trustees and owners can lose voting rights in sectional title schemes and how resolutions may be declared void.