Johannes Wessel Greeff v Body Corporate of Merriman Court and Others

The appellant, Mr Johannes Wessel Greeff, is the owner of section 1 in the Merriman Court sectional title scheme in Green Point, Cape Town. Other owners in the scheme had historically extended their units into common property. Mr Greeff sought to do the same by extending his unit into an exclusive use garden area and other common property. Over several years (2007, 2013, 2017, and 2019), various discussions and conditional or informal permissions were recorded at meetings of the body corporate, including an informal meeting in April 2017 where architectural drawings were 'accepted'. Mr Greeff later revised his plans in 2019 to include a substantial double‑storey extension. These plans were objected to by other owners due to their scale, lack of information, and alleged procedural irregularities. No special resolution approving the extension was ultimately passed. Mr Greeff approached the High Court for declaratory and interdictory relief, which was initially granted but later set aside by a full bench. He then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies that extensions of sectional units must strictly comply with the statutory framework of the STA and STSMA, and that informal practices within small sectional schemes cannot override legislative requirements. It underscores that adoption of minutes of informal meetings does not constitute ratification of resolutions requiring special procedures, and reinforces the governance duties of body corporates.