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 | Issue 05 – 2016

ONE OWNER’S LIABILITY FOR LEVIES INCREASED

Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine (9015/2014) [2016] ZAKZDHC 1
(5 February 2016)

In sectional title developments, levies are raised according to the framework provided in the scheme’s Management Rules. The Sectional Titles Act provides mechanisms for the amendment of the rules, which is what occurred in this matter. The question raised was whether the affected owner whose levy liability increased as a result, could challenge the new rule on the basis that his rights were “adversely affected”, as section 32(4) of the Act provides that where an owner’s rights are adversely affected, his consent to the amendment must first be obtained.

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The Judgment
Summary of the Judgment

 

REZONING APPROVAL AND 2 YEAR LAPSING PERIOD

Langebaan Ratepayers & Residents Association v Berrydust 69 CC and Another (15849/2015) [2015] ZAWCHC 183 (19 November 2015)

What triggers the lapsing of rezoning in terms of section 16 of LUPO in circumstances where an appeal was lodged against the rezoning? Was it the date of the initial approval or the date of the MEC’s decision to dismiss the objection? The judgment provides a clear guideline how to address the position.

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The Judgment
Summary of the Judgment

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