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 | 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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