Development Law Update | Issue 1 – 2016

Posted on: January 26th, 2016 by STBBSiteOwner

REDUCED RATES FOR HOA BECAUSE IT MAINTAINS ITS OWN INFRASTRUCTURE?

Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015)

The Housing Consumers Protection Measures Act requires that home builders must be registered with the Council as a measure to ensure that consumers are protected from shoddy building work. Here, the Court confirmed that since the builder was not registered with the Council, it could not succeed in its application to make an arbitrator’s award that was granted in its favour an order of Court.

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REZONING APPROVAL AND 2 YEAR LAPSING PERIOD

Langebaan Ratepayers & Residents Association v Berrydust 69 CC and Another (15849/2015) [2015] ZAWCHC 183 (19 November 2015)

What triggers the lapsing of a rezoning in terms of section 16 of LUPO in circumstances where an appeal was lodged against the rezoning? Was it the date of the initial approval or the date of the MEC’s decision to dismiss the objection? The judgment provides a clear guideline how to address the position.

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