The Western Cape High Court dealt with two applications by a homeowners association against a homeowner. One application sought demolition of part of a dwelling said to exceed a height restriction, and the other sought payment of penalties for alleged unlawful occupation. The judgment says the demolition application and the penalties application were both dismissed. It also records discussion of the Estate rules, the Municipal Planning By-law, the City occupation certificate, and the Conventional Penalties Act.
This may be relevant to homeowners associations, estate owners and property practitioners dealing with architectural rules, occupation certificates and penalty provisions.
Evidence from source
The application under case number 17258/2019 (the demolition application) is dismissed. 2. The application under case number 8985/2022 (the penalties application) is dismissed.
Supports: plain_summary sentence 2