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 27 – 2015

Improper Plan and Zoning Approval: Demolish 5 of 9 Storeys

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) [2015] ZAKZDHC 54 (29 June 2015)

If a local authority and developer do not follow required notification procedures in a rezoning application and building plans aligned to such rezoning are subsequently approved, property owners are not left without recourse, even if the building works had reached an advanced stage. The court here answered the affected owners’ call for review and ordered demolition of the building work that was done after to irregular municipal approvals.

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The Judgment
Summary of the Judgment

HOA Not Always Representative of its Owners’ Rights

South African National Roads Agency Ltd v Numeria Trading Pty Ltd and Others (27873/12) [2015] ZAGPPHC 463 (22 June 2015)

In terms of road legislation, township developers and property owners can be obliged to receive and dispose of storm water discharged or diverted from a nearby national road. The present matter dealt with such an application by Sanral, citing the developer and an HOA in the scheme as parties that must be ordered to comply. But, the court was asked, in light of the onerous duties and financial implications imposed on owners if Sanral’s application was successful, was it adequate to cite the HOA as party to the proceedings and not also the individual owners?

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The Judgment
Summary of the Judgment

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