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 | Sectional title owners’ various debts: It cannot all be claimed back by the body corporate upon the debtor’s sale of the unit

The Body Corporate Marsh Rose v Steinmuller and Others (A5002/2020) [2021] ZAGPJHC 440 (23 September 2021)

Before an owner of a unit in a sectional title scheme can achieve transfer of his unit to a purchaser, a levy clearance certificate must be obtained from the body corporate. This certificate confirms that levies are paid up as at date of the transfer or, at least, that adequate provision has been made for the payment thereof. This is a handy tool in the hands of body corporates to ensure receipt of outstanding funds. But, as this judgment shows, the body corporate has to issue the certificate if the amount of outstanding levies is addressed, and it cannot insist that other debts relating to the seller, such as judgment debts and legal fees relating thereto, are paid before the clearance certificate is issued.

Summary of the Judgment

The Judgment

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