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The judgment in Kingshaven Homeowners Association v Botha And Others (6220/2019) (2020) ZAWCHC 92 raised a few interesting points which require a brief analysis for the benefit of Body Corporates and owners in community living schemes.
In this case the Homeowners Association (HOA) had referred a dispute to the CSOS against the Respondent who usually parked in visitor parking bays against the conduct rules.
The CSOS ruled that it had no jurisdiction to rule on parking bays as per the CSOS Act, and in passing also remarked that the HOA does not have jurisdiction over the visitor’s parking bays either.
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