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).

Property Law Update | Dispute referral to the Ombud: Essentially there for issues that bear on the community, says the court

Prag N.O and Another v Trustees for the time being of the Mitchell’s Plain Industrial Enterprises Sectional Title Scheme Body Corporate and Others (A260/2020) [2021] ZAWCHC 132 (16 July 2021)

This is an interesting judgment following on a claim by an owner for damages arising from a fire that gutted his section, against the body corporate. The claim was lodged at the Community Schemes Ombud for payment of the costs of repair to the unit. Apart from many other disputes addressed in the judgment, the court made it clear that the Ombud’s preliminary rejection of the claim was right, as it did not have jurisdiction. This was because the fire damaged the section only and thus, on the facts of this matter, did not involve a matter relating to the common property in the scheme. Thus, when considering lodging a dispute at the Ombud’s office, it is savvy to first get expert advice.

As an aside, it is also important for bodies corporate/sectional title owners to note why the sectional title scheme’s insurer refused the claim.

The Judgment
Summary of the Judgment

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