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 20 – 2024

COURT SCRUTINISES WHETHER PROPERTY BROKER’S SERVICES REQUIRED FAIS REGISTRATION

Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023) [2024] ZAWCHC 219 (23 August 2024)

This dispute involves a property broker’s claim for commission after successfully helping its developer-client procure project funding from financiers. The developer resisted the claim, arguing that the broker acted as a financial services provider and, since it was not registered as such, the claim for commission was invalid. The court’s assessment offers valuable guidance for managing similar disputes.

The judgment can be viewed here
Summary of the Judgment

LATE BUILDING PENALTY ALLOWED AS A PROVISION OF THE HOA’S MOI AND NOT ITS RULES

Stone River Management Association NPA v Mashoko and Others (A2023/035929) [2024] ZAGPJHC 800 (23 August 2024)

This appeal challenged the order of an adjudicator of the Community Schemes Ombud Service. It centres around the enquiry as to whether the penalty payable for not erecting a home within a certain period is a stand-alone provision of the constitution of a homeowners’ association, or a rule of the association. This distinction is critical as the constitution provides that different consequences flow from breaches of each. The case is a valuable read as it highlights the importance of proper scrutiny of an association’s governing documents before alleging that a penalty was incorrectly levied.

The judgment can be viewed here
Summary of the Judgment

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