Paddocks Press – January 2015
The January 2015 edition of Paddocks Press is now available.
Case Law Update: The Willow Waters Home Owners Association Case
The Supreme Court of Appeal (“SCA”) recently handed down an important judgment in regard to the nature of a homeowners association’s right to prevent transfer when an owner is insolvent and unable to pay outstanding levies.The full citation of the case is: Willow Waters Homeowners Association (Pty) Ltd v Koka N.O. and Others (768/2013) [2014]…
Responsibilities in regard to exclusive use areas in sectional title schemes
Exclusive use is an interesting term. It is often assumed that if one “owns” an exclusive use area (“EUA”), one automatically has the sole right to use it and must carry out and pay for all work required to maintain it – but this is not the case. In sectional title schemes, exclusive use means…
Mending Fences
A recent Durban High Court case Marguerite Anne Catherine de la Harpe v Body Corporate of Bella Toscana (judgement delivered by Chetty J on 28 October 2014) dealt with the responsibility for repairing a seriously damaged “garden wall” located in a registered EUA. The wall is not a boundary wall, as the perimeter of the…
Q&A – 2015 01
By The Paddocks Club Team Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members! Trustee – Owner Conflict Member’s question: One of the trustees is in constant conflict with a specific owner and the situation is becoming very irritating to…