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Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge

What action does the body corporate take if an owner of flat defaults on his monthly levy in a sectional title scheme

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Here is a detailed, step-by-step elaboration of the actions the Body Corporate can take when an owner defaults on levy payments in a Sectional Title Scheme in South Africa:


1. Initial Internal Communication

  • The managing agent or trustees will typically:
    • Send email or written reminders.
    • Phone the owner to notify them of their arrears.
    • Offer payment arrangements or discuss the reasons for non-payment if necessary.
  • This is aimed at resolving the matter amicably before escalating it.

2. Interest and Penalties

  • The Body Corporate is allowed to:
    • Charge interest on outstanding levies, often stipulated in the scheme’s conduct or management rules.
    • Interest can be compounded monthly and usually ranges between 1.5% to 2% per month.
  • These interest charges serve as a deterrent against late payments.

3. Final Demand / Letter of Demand

  • If informal reminders fail, the Body Corporate:
    • Issues a final written demand to the defaulting owner.
    • This letter warns that failure to settle the debt within a specified time frame (commonly 7 to 14 days) will result in legal action.
    • The letter usually includes:
      • Total arrears plus interest.
      • Payment deadline.
      • Bank details for settlement.

4. Legal Recovery: Attorneys and Court Action

  • If the owner does not respond, the matter is escalated to attorneys.
  • Legal action includes:
    1. Issuing a formal letter of demand through attorneys.
    2. If still unpaid, initiating a court application for a debt judgment.
    3. Once a judgment is granted, the attorneys can:
      • Attach movable assets (furniture, electronics, etc.).
      • Attach the rental income from the unit (if it is leased out).
      • Apply for a writ of execution to sell the unit at a sheriff auction to recover the debt.

5. Credit Listing

  • The Body Corporate or its attorneys can report the debt to credit bureaus, affecting the owner's credit score.
  • This can restrict the owner's ability to access credit or loans elsewhere.

6. Suspension of Voting Rights

  • According to the Prescribed Management Rules (PMR 20(2)), an owner in arrears loses their right to vote at general meetings of the Body Corporate.
  • They may also be restricted from using certain communal facilities, though this depends on the rules of the scheme.

7. Continuous Interest and Legal Costs

  • The debt continues to accrue interest until paid.
  • The Body Corporate can recover legal costs (as per the attorney-client scale) from the defaulting owner, making the debt significantly larger over time.

8. Final Resort: Sale in Execution

  • If the debt remains unpaid, the court may authorise the sale of the unit in execution.
  • The proceeds of the sale are used to:
    • Settle the outstanding levies.
    • Pay legal and sheriff’s fees.
    • Settle any municipal arrears, before any surplus is paid to the owner.

Best Practices for the Body Corporate

  • Adopt a clear arrears policy communicated to all owners.
  • Act swiftly to avoid arrears compounding.
  • Balance firmness with empathy where possible.
  • Keep thorough records of all communications and notices sent to the owner.

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What action does the body corporate take if an owner of flat defaults on his monthly levy in a sectional title scheme

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