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 40 – 2015

COMMON SENSE COMPONENT FOR HOA RULES

Bushwillow Park Home Owners v Fernandes and Others (2014/31526) [2015] ZAGPJHC 250
(23 October 2015)

A set of rules cannot accommodate each and every eventuality. In the present matter, for example, the HOA rules did not contain specific provisions regarding the colour of exterior paint that owners may use. Taking into account the nature of estate living, the context and wording of existing rules, the court in this matter, addressing the question whether owners were required to obtain permission before painting lime green stripes on their home, noted that owners should use common sense when determining whether or not permission would be required.

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The Judgment
Summary of the Judgment

 

SELLER FUNDING PROPERTY SALE: CONSEQUENCE OF NO NCA REGISTRATION

La Mer Jeffreys Akkommodasie Bk v Flashcor 182 CC and Another (1683/2015) [2015] ZAECPEHC 57 (8 September 2015)

Lending money to another, also as property seller to a purchaser by way of registering a bond in favour of the seller over the property sold, raises questions as to the applicability of the National Credit Act and registration as a credit provider. If the Act applies and is not complied with, the transaction is void and can result in a cancellation of both the transfer and bond registration, as the outcome in this matter illustrates.

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The Judgment
Summary of the Judgment

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