A costly, time-consuming dispute over a security gate between a homeowner and the body corporate of his Cape Town complex highlights the importance of clear rules and compromise for harmonious community living, says specialist sectional title attorney Marina Constas.
Cape Town homeowner and the complex trustees wasted time, energy, and a huge amount of money fighting each other for nine years about a security gate that did not comply with the rules, said Constas, who is a director of BBM Law.
The outcome was that the body corporate was slapped with a costs order because they should never have gone the sequestration route and a judge found that it was an abuse of court process. Having to pay legal fees ultimately impacts all owners in that complex. She said that trustees should not be dragging owners into litigation when a dispute can be solved if people are more conciliatory and willing to compromise.
However, she said that going straight to litigation is not usually ideal in a community living dispute.
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