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News.

Court outcome: In Gateside Manor Homeowners Association v Hamisi and Others, case A3130/2021, [2026] ZAGPJHC 979 (Gauteng High Court, Johannesburg, 28 August 2026), the court dismissed the HOA’s appeal against a CSOS adjudication order. The HOA’s documents did not clearly prohibit synthetic grass, and a later resolution could not create a retrospective contractual prohibition.

Deadline watch: Cape Town’s draft Short-Term Letting By-law remained open for comment until 5 October. Affected Item 3 accountable institutions still had to submit an approved RMCP by 31 October under FIC Directive 12.

PPRA: proof of trust-account audit submission remained a business-continuity control because prolonged non-compliance could jeopardise the business and employee Fidelity Fund Certificates.

PPRA: The 16 September final communiqué confirmed that trust-account audit reports are due within six months after financial year-end. Late filing attracts R20 per day for the first three months; a report still outstanding thereafter may trigger a R25,000 compliance-notice fine and jeopardise business and employee Fidelity Fund Certificate renewals.

Court outcome: In Seale v Aurora Place Body Corporate and Another (Appeal), case A111/2026, [2026] ZAWCHC 456 (Western Cape High Court, 31 August 2026), the owner’s appeal was dismissed. The prepaid supply-control meter fell under prescribed management rule 29(4), not the express maintenance duty for consumption-measuring meters in rule 29(3); the scheme resolution and evidence supplied no other basis for body-corporate liability.

Proposal and deadline watch: Cape Town’s draft Short-Term Letting By-law remained open for comment until 5 October. For affected Item 3 accountable institutions, the Directive 12 RMCP submission deadline remained 31 October.

Confirmed court outcome: In Propell Sectional Title Solution (Pty) Ltd v Body Corporate of Edlyn Court, case 2025/062698, [2026] ZAGPJHC 995 (Gauteng Local Division, 28 August 2026), the court granted summary judgment for R416,763.23, interest at 16.75% from 20 March 2025 and attorney-and-client costs. Stopping further advances had not ended the body corporate’s residual liability or started prescription; demand triggered the debt under the agreement.

Practical lesson: review every arrear-finance agreement for residual liability, demand, acceleration, termination, interest and certificate-of-balance clauses. Reconcile advances, owner recoveries and the scheme’s remaining exposure before signing any addendum or acknowledgement of debt.

Confirmed regulatory change: Directive 12 took effect on 7 September 2026. Affected Item 3 institutions must submit an approved RMCP by 31 October 2026 and annually thereafter. Guidance Note 7B requires the control framework to address proliferation-financing risk and risks from new technology, systems, delivery channels and business practices.

Other key items: the PPRA’s managing-agent debit-order clarification permits authorised recurring scheme obligations subject to written authority, scheme-specific allocation, sufficient funds and daily reconciliation. In Panorama Body Corporate v Modern Enterprises, [2026] ZAWCHC 447 (21 August 2026), the High Court confirmed enforcement of a R3.51 million CSOS levy order and held that launching review proceedings did not itself suspend execution.