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 | Forum shopping in sectional title disputes: Court or CSOS?

Heathrow Property Holdings No 33 CC and Others v Manhattan Place Body Corporate and Others (7235/2017) [2021] ZAWCHC 109 (1 June 2021)

The judgment deals with disgruntled sectional title owners who sought to resolve a dispute regarding a management rule of the scheme, in court. The court emphasised that there are significant differences between its jurisdiction and powers and those of the Community Schemes Ombud. The Court explained that not only is it improper to try to circumvent the Ombud’s jurisdiction (which may land you with an adverse cost order), but it also loses sight of the fact that the Ombud is specifically empowered to give practical relief to disputes in community schemes, as opposed to a court whose powers, in this context, are generally to address the legal questions and will refer application thereof back to the community members.

Summary of the Judgment
The Judgment

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