The Body Corporate of the Sectional Title Scheme Seascapes v Ford and Others

The developer of the Seascapes sectional title scheme agreed with neighbouring property owners to grant servitude rights over six parking bays in return for withdrawal of objections to zoning departures. Before the sectional title register was opened, purchasers of most units signed a written document purporting to be a special resolution authorising the future body corporate to conclude a notarial agreement granting these servitudes. After establishment of the body corporate and transfer of units, a notarial servitude agreement was registered. The Seascapes body corporate later sought to have the agreement declared invalid, alleging lack of authority and material deviations from the draft agreement.

The appeal was dismissed with costs, and the notarial servitude agreement remained valid and enforceable.

The case clarifies the interpretation of ‘special resolution’ under the Sectional Titles Act and confirms that written consent given by future members can become binding once membership arises. It also affirms a purposive approach to interpreting resolutions and related agreements in sectional title schemes, promoting commercial practicality and certainty.