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 38 – 2016

HOA BLACKMAILS FOR GOOD FAITH NEGOTIATIONS

Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016) [2016] ZALMPPHC 8 (22 September 2016)

The judgment tells a bizarre story in which an HOA refuses to give clearance certificates required for transfer unless the purchaser of several erven in the development negotiates with it regarding future developments and entitlements. There was no agreement between the parties containing a clause requiring the other to negotiate; but could it be argued that in terms of the Constitution or values of Ubuntu, the purchaser could be forced to do so?

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The Judgment
Summary of the Judgment

 

NOISE AND NEIGHBOURS

Kranspoort Eienaars Komitee v D J and Another (41310/2015) [2016] ZAGPPHC 887 (23 September 2016)

“It is to be deprecated that a high court is burdened with such a dispute … and it is equally deplorable that the parties cannot themselves resolve an issue of this nature.” So commenced the Court’s deliberation of a dispute between neighbours regarding a barking Chihuahua. The Court found a midway to balance the interests of all parties, teaching a lesson that it is necessary for owners and owner organisations to maintain reason when addressing neighbour law rights and obligations.

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The Judgment
Summary of the Judgment