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 | When exclusive use areas are “lost” upon sale by developer of last unit

Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180 (31 August 2021)

This judgment deals with the sticky scenario that arises when a developer (or owner) sells his last unit in a sectional title scheme without also transferring the rights he had to exclusive use areas. The Law states that once such owner loses membership of the body corporate, because he no longer is an owner of a unit in the scheme, the rights to the exclusive use areas “vest” with the body corporate. But what does this mean? Do these areas “belong” to the body corporate without more? No, says the Court. The specific circumstances play a role and a Registrar of Deeds must consider the circumstances before allowing a cession of rights to the body corporate

Summary of the Judgment

The Judgment

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