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 35 – 2017

ROAD RULES IN HOMEOWNERS’ ASSOCIATIONS: NEWS!

Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others (AR575/2016) [2017] ZAKZPHC 48 (17 November 2017)

To make provision for its residents, be it the elderly, those enjoying the availability of golf carts or the owners generally, many homeowners’ associations have rules regarding the use of roads within the estate. Owners are bound to the rules by virtue of conditions in the sale agreement in terms of which they purchased their homes. But roads commonly used by the public are ‘public roads’ and regulated by the provisions of the National Road Traffic Act, with the Minister as authority to make rules regarding use thereof and exceptions. Does this trump the homeowners’ association’s rules?

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The Judgment
Summary of the Judgment

LEASE INVALIDATED BY ABSENCE OF APPROVED BUILDING PLANS AND OCCUPATION CERTIFICATE?

Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170 (1 December 2017)

It is generally appreciated that when you build or renovate, it is a requirement to obtain building plan approval from the local authority first. So too, when a new building is erected, it is necessary to obtain an occupancy certificate which confirms, amongst other things, that it was erected in compliance with building legislation. The question in the appeal in this matter was whether the absence of these pre-requisites in respect of leased premises rendered the lease agreement invalid, thereby absolving the tenant from the obligation to pay rental.

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The Judgment
Summary of the Judgment