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 29 – 2015

Levies Owing to HOA: Prescription Alert

Lukhele v Fernbrook Estate Homeowners Association (61719/13)[2015] ZAGPPHC (17 February 2015)

This judgment alerts property practitioners and HOAs to the good practice requirement that, at all times, tabs must be kept on outstanding levies. The right to disallow an execution sale purchaser to take transfer of a property unless outstanding amounts are paid, does not cover debts that have already become prescribed, as the present matter illustrates.

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Summary of the Judgment


Rules for Owner Builder’s Exemption from NHBRC Laws

Ruiters v Minister of Human Settlements and Another (13669/14) [2015] ZAWCHC 107 (12 August 2015)

The dispute in this matter dealt with the NHBRC’s argument that an owner builder has to apply for late enrolment if he failed to register with the Council before commencing building work. As the Act allows owner builders to be exempted, upon application, from compliance with the enrolment requirements that apply in respect of home builders, the owner builder argued that he need not apply for late enrolment. The outcome highlights the correct procedure in such instances.

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The Judgment
Summary of the Judgment

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