BODY CORPORATE v NIGHTMARE NEIGHBOUR: COURT TO THE RESCUE
“His demeanour at this time was highly aggressive, flying his arms about and it was clear to me that he had to prevent himself from lashing out at me physically” (Trustee quoted in judgment below)
The irrational, aggressive and disruptive “Nightmare Next Door” owner is regrettably a well-known and much-disliked feature of all too many residential complexes. He or she makes trouble at every opportunity, attacking other owners and the body corporate’s trustees with equal abandon.
What can you do about it? In sufficiently serious cases, our courts will come to your rescue, as the recent High Court decision of Body Corporate of El Sol v De Waal (69611/2014)  ZAGPPHC 614 illustrates.
Harassment – it could be a ticket to prison …..
….. and costly
Because it was the owner’s “irrational and acrimonious behaviour” that necessitated the court action, the Court also ordered him to pay the Body Corporate’s legal costs on the punitive attorney and client scale.
Jack Crook, Director at DotNews is well known to law firms as the author of LawDotNews since 2005. Jack’s legal qualifications (LLB Lond and LLB Rhod) are supplemented by many years of practical experience in law, in marketing his own firm, and in helping other small and medium sized professional firms to prosper by using simple, low-cost, effective marketing strategies.