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 | Financially struggling unit owner: May trustees agree on settlement amount?

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81 (23 September 2021)

This judgment is very important for trustees and managing agents. It explains why trustees and managing agents, whether or not out of goodwill, will fall foul of their statutory responsibilities if they accept, without more, a settlement amount from an owner who is unable to pay the full outstanding levy debt. Although it may appear overly harsh, it protects the other owners who would otherwise be carrying the shortfall. Strict measures are prescribed in the legislation for dealing with such instances.

Summary of the Judgment

The Judgment

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