Mooikloof Estate Pursues Legal Action Against Individual Over Failure to Develop Stand Within One Year

The Mooikloof estate, represented by the Mooikloof Glen Estates Home Owners Association, has taken a stand owner to the North Gauteng High Court in Pretoria. IOL reports this action aims to seize the stand after the owner failed to build a house within a year of purchasing the land.

Tichawana Bhunu acquired a stand at Mooikloof Glen Estates in June 2014, when no penalties were in place for such delays, as they were abolished in 2012. However, penalties were reinstated in August 2017 during an annual general meeting. Despite a two-year grace period for incomplete projects, which extended until September 1, 2019, Bhunu faced repercussions.

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Discussions held due to the impact of COVID-19 in 2020 saw 30 homeowners voting in favour of maintaining building penalties, contrary to 10 votes against. Dissatisfied with the decisions, Bhunu sought resolution through the Community Schemes Ombud Service (CSOS), prompting an adjudicator to rule in his favour and cease the imposition of penalties.

Displeased with this outcome, the estate approached the high court to challenge the adjudicator’s decision. Judge Mandlenkosi Motha, after reviewing the case, agreed that the adjudicator failed to apply the law correctly, leading to the decision’s overturning.

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Picture: Meta / IOL News

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