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 21 – 2024

CAN ONE LOSE THE MONEY PAID FOR A LIFE RIGHT IN A RETIREMENT SCHEME?

Herold Gie and Broadhead Inc v Harris N O and Others (602/2023) [2024] ZASCA 125 (13 September 2024)

The Housing Development Schemes for Retired Persons Act goes a long way to protect purchasers of life rights in retirement schemes. Just how far the Act’s provisions shield purchasers was investigated in the Supreme Court of Appeal recently. The main issue was whether, on insolvency of the scheme’s developer, the purchasers could claim repayment of the purchase price from the developer’s attorneys, who had received the funds on behalf of their client initially – this despite having paid the funds to the developer upon conclusion of the transactions.

The judgment can be viewed here
Summary of the Judgment

SINS OF THE PREDECESSOR-IN-TITLE: NEW OWNER SADDLED WITH PENALTIES THAT AROSE WHEN SELLER FAILED TO BUILD WITHIN THE HOA’S STIPULATED TIME PERIOD

Bella Rosa Three Home Owners Association v Brandt and Others (A39/2023) [2024] ZAWCHC 267 (6 September 2024)

This dispute touches on a thorny issue: Owners who do not comply with the rules of a homeowners’ association requiring them to erect buildings within a certain time. These rules exist for valid reasons. However, can a new purchaser be saddled with a penalty levy immediately upon becoming owner because the period in which the building works had to be completed had already lapsed during the tenure of the previous owner?

The judgment can be viewed here
Summary of the Judgment

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