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 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