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 01 – 2017

BUILDING PENALTIES: WAKING UP LATE

Gafoor v Lakewood Homeowners Association and Another (23709/2015) [2016] ZAGPJHC 337
(8 December 2016)

Recently there has been a spate of cases dealing with property owners’ belated confrontation with penalties payable to a homeowners’ association resulting from delayed compliance with the association’s building deadlines. This judgment is another in this regard and serves not only as a reminder to owners to adhere to the timelines, but also as a warning that once the relevant property is sold, access to HOA documentation which the (now HOA non-member) seller seeks to utilize to query the penalty, is curbed.

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The Judgment
Summary of the Judgment

VAT SCARE IN PROPERTY SALE AGREEMENT

Gerber v Naidoo and Another (3048/2015) [2016] ZAECPEHC 11 (25 February 2016)

The judgment deals with a claim by liquidators in an insolvent estate that the price of a property sold by them, subject to the bondholder’s consent, was VAT exclusive and that the purchaser was liable to pay VAT on the purchase price. Although not included in the agreement, the liquidators argued that the purchaser was liable therefor because the bondholder’s consent was made conditional on the purchaser paying VAT. What now?

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The Judgment
Summary of the Judgment