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 | Trustees Successfully limiting levy defaulter’s access to certain owner perks

McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021)

The golf estate where the complainant in this matter owned units, offered to its owners the option, with the consent of the trustees, to rent out their units to third parties. In addition, the owners would then have access to an electronic visitor management solutions application, where codes and passwords are issued to the visitors to gain entry to the golf estate. When it became apparent that some owners were receiving funds from rentals whilst refusing to ensure that their levies remain paid up, the trustees passed a resolution that permission to rent out would be withdrawn in such instances, and such owners will also not have access to the visitor system. A mandament van spolie, a remedy reinstating the position that existed before, was not available to the unhappy owner, the Court found here. The judgment explains why.

Summary of the Judgment

The Judgment

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