Townhouse body corporate loses interdict bid
The body corporate of a townhouse complex turned to the Gauteng High Court (Pretoria) to interdict two residents from refusing access to plumbers to replace aged water pipes.
Wingate Body Corporate, in its urgent order, told the court that there had been severe water leaks in the complex east of Pretoria since early last year.
It said plumbers hired by the body corporate to fix the problem were being refused permission to replace the pipes, reports Iol.
The body corporate said the conduct of the two owners, Nobulungisa Pamba and Kanya Kopele, was obstructive.
The owners, on the other hand, argued that the body corporate was not entitled to approach the High Court as there were other bodies to deal with issues involving the administration of sectional title schemes.
They suggested that the Community Scheme Ombud Services would be a better forum.
The court said the body corporate was subject to the rules of the ombud and it should have approached this forum before it turned to the court.
Judge M Mbongwe said the ombud’s function included a dispute resolution mechanism.
Mbongwe said the court would not entertain this application and slapped the body corporate with the legal costs.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
