Johannesburg - A squabble between neighbours at a plush housing estate about a balcony and the possibility of noise from the domestic quarters has landed in court.
Sifiso Ntshangase and Vuyile Zikalala hauled their neighbour, Tanja Edmondson, and the estate’s homeowners’ association to the high court in Joburg, alleging that they were illegally preventing them from building their house.
The couple say they bought vacant land at the Greenstone Estate in Edenvale, Ekurhuleni, in February last year but couldn’t start building because Edmondson was objecting to their house plans without either good reason or cause.
In the court documents, the couple also accuse Bushwillow Park Homeowners Association of failing to protect their rights and interests. They accuse it of turning a blind eye to Edmondson’s “unreasonable and arbitrary conduct” and applying the rules selectively.
“The second respondent (the association) has not acted as an impartial party to this matter as its rules oblige it to,” they say.
Ntshangase and Zikalala bought the land at the estate under Mlilolilo Property Trust, of which they are both trustees.
The couple gave the plans to Edmondson and another neighbour, in accordance with the rules. The other neighbour did not have a problem with the plans but Edmondson did. She said one of the two balconies on the plans would be overlooking her property.
Building at the estate is guided by the estate’s architectural guidelines. One of the rules states that “no windows or balconies of the house shall overlook the living space (for example the swimming pool) of adjacent buildings unless approved by the architectural review committee) and all affected neighbours”.
The couple replaced the balcony with an opaque window so that the person inside the house wouldn’t be able to see outside. They kept one of the balconies, which they say faces the street.
But Edmondson said she did not want a window of that size overlooking her property. She was also not happy about the large window in the domestic quarters. She wanted that window to be made smaller or removed as there was a concern about possible noise because the domestic quarters were opposite her bedroom.
She said the couple must build a 2m screen to cover the remaining balcony.
Ntshangase and Zikalala refused.
They have approached the court, saying the delay in building the house led to them incurring a heavy penalty that they have to pay to the association, losing out on potential rental income and unable to enjoy their right to the property they own.
The matter is set down to be heard next week.
The Star