Warning for South Africans Living in Estates and Sectional Titles
South Africans living in estates and sectional title schemes have been warned that old rules and repealed planning schemes can no longer be relied on when challenging homeowners’ associations (HOAs).
The warning follows a 2025 High Court ruling involving the Zandspruit Bush and Aero Estate near Hoedspruit, which was heard in the Polokwane High Court.
According to Johlene Wasserman, Director of Community Schemes and Compliance at VDM Incorporated, the case centred on homeowners attempting to rely on outdated land-use legislation that had already been repealed.
Dispute over short-term rentals
The dispute began when two homeowners challenged the estate’s HOA after it amended its rules in December 2018 to allow limited short-term rentals.
The homeowners argued that rentals shorter than one month were prohibited under the Maruleng Land-Use Scheme of 2008, and sought to reinstate a blanket ban.
However, by the time the matter reached court, the legal position had changed.
“The 2008 scheme had been repealed and replaced by the 2021 land-use scheme, which expressly allows short-term rentals,” Wasserman said.
The judge confirmed that any ruling based on the repealed 2008 scheme would have no practical effect, making the application legally untenable.
Court points to CSOS
The court also stressed that it does not exist to decide abstract or outdated disputes, noting that matters of this nature fall within the jurisdiction of the Community Schemes Ombud Service (CSOS).
CSOS, the court said, is better equipped to deal with:
The application was dismissed, leaving the HOA’s rule permitting short-term rentals intact. The homeowners were also ordered to pay costs, including the costs of two counsel.
Why the ruling matters
“This judgment makes it clear that timing and legal context matter,” Wasserman said.
“Courts will not intervene where disputes have become moot due to legislative changes. Legal challenges must be grounded in current law, not repealed frameworks.”
For HOAs, the ruling provides reassurance that rule changes cannot be overturned years later using outdated planning schemes.
For homeowners, it serves as a warning that litigation must be carefully framed, timely, and strategically sound.
Second 2025 ruling reinforces the message
The principle was reinforced in a separate 2025 case, Olifantsfontein Residential Apartments (Pty) Ltd v City of Johannesburg.
In that matter, the Gauteng Local Division Court ruled that municipalities must apply tariff policies exactly as written, without adding extra conditions.
The City of Johannesburg had unlawfully limited a sewerage tariff subsidy to government-subsidised dwellings only, despite this restriction not appearing in the approved budget.
The court found that this amounted to an unlawful administrative action under the Promotion of Administrative Justice Act and ruled in favour of the property owner.
Clear signal from the courts
Wasserman said both rulings send a strong message.
“Courts will not uphold old rules, nor will they tolerate unlawful changes to existing ones.”
“Whether it’s estate rules or municipal tariffs, the law must be applied exactly as it stands today.”
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