Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 11 – 2019

CHANGE OF USE: A TEST FOR THE SECTIONAL TITLE SCHEMES MANAGEMENT ACT

Mineur v Baydunes Body Corporate and Others (11020/2018) [2019] ZAWCHC 59; [2019] 3 All SA 611 (WCC) (24 May 2019)

In this matter, the body corporate of a sectional title scheme tried to legalise the historical renovations (change of use) that various owners had made to their sections. A special resolution was passed at a general meeting, but this was challenged by an owner who claimed that a unanimous resolution was required, even if, as was the case here, the change of use relates only to part of a section. What is the position? The Judgment can be viewed here.

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The Judgment
Summary of the Judgment

COMMERCIAL LEASE DISPUTE: CUTTING ELECTRICITY AND CHANGING LOCKS

Lau v Real Time Investments 165 CC (50134/2019) [2019] ZAGPPHC 313 (23 July 2019)

When a dispute arose regarding the manner in which the lessor was billing the tenant for electricity, the lessor decided to cut the electricity and later changed the locks to the premises depriving the tenant of access to and possession of the premises. Could he?

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The Judgment
Summary of the Judgment