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 | 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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