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 trustees’ resolutions that impact the rights of outsiders: on what basis may a court intervene?

Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd and Another (304/2020) [2021] ZASCA 157 (5 November 2021)

Trustees, as body corporate nominees, have no easy job. This judgment highlights how trustees, in an effort to curb the nuisance caused by holiday sub-letting in their scheme, prohibited the owner from continuing to allow its tenant to do short term letting, a power which the rules of the scheme gave to the trustees. They went further, however, and banned the owner’s estate agent, who was mandated to find a tenant, from operating in the scheme. They wrongly assumed that the agent had vetted the sub-tenants. The agency sought to have the latter trustee resolution set aside and the Supreme Court of Appeal finally had the last word. Importantly, recognizing that trustee decisions are reviewable at common law (not under PAJA), the Court stated that the trustees’ actions in the present matter were unfair, especially since the agency was never granted an opportunity to make representations.
This is an important reminder to trustees: Their decisions are reviewable by a court if they are irrational, unjust, in breach of the principles of natural justice or otherwise procedurally unfair. These principles can be complex. Contact your sectional title experts at STBB for assistance.

Summary of the Judgment

The Judgment

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