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 | 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to ensure that their levies remain paid up, the trustees passed a resolution that permission to rent out would be withdrawn in such instances, and such owners will also not have access to the visitor system.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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