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 | 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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