Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Development Law Update | Issue 1 – 2016

REDUCED RATES FOR HOA BECAUSE IT MAINTAINS ITS OWN INFRASTRUCTURE?

Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015)

The Housing Consumers Protection Measures Act requires that home builders must be registered with the Council as a measure to ensure that consumers are protected from shoddy building work. Here, the Court confirmed that since the builder was not registered with the Council, it could not succeed in its application to make an arbitrator’s award that was granted in its favour an order of Court.

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REZONING APPROVAL AND 2 YEAR LAPSING PERIOD

Langebaan Ratepayers & Residents Association v Berrydust 69 CC and Another (15849/2015) [2015] ZAWCHC 183 (19 November 2015)

What triggers the lapsing of a rezoning in terms of section 16 of LUPO in circumstances where an appeal was lodged against the rezoning? Was it the date of the initial approval or the date of the MEC’s decision to dismiss the objection? The judgment provides a clear guideline how to address the position.

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