Don’t assume levies or rates are up to date (in sectional title or estates

Lake Properties                     Lake Properties

Lake Properties                      Lake Properties

Here’s a more detailed breakdown of why you must not assume levies or rates are up to date in a sectional title scheme or gated estate:

---

1. Legal Responsibility Can Shift to You

• In South African property law, certain debts “stick” to the property rather than to the person who incurred them.
• Municipal rates: The Local Government: Municipal Systems Act allows municipalities to withhold rates clearance certificates until all arrears (plus up to 3 months in advance) are paid. Without this certificate, transfer can’t be registered.
• Levies: In a sectional title scheme, the Sectional Titles Schemes Management Act requires that all levies be paid before a clearance certificate is issued by the body corporate or HOA. If these are not up to date, you could be forced to pay them to avoid losing the property deal.

---

2. Delays and Transaction Blockages

• Conveyancers cannot lodge transfer documents with the deeds office without valid clearance certificates.
• If arrears exist, the seller must settle them first, and if they refuse or can’t pay, the transfer will stall — sometimes for months.
• This can jeopardise linked transactions (e.g., if you’re selling your own home to buy this one).

---

3. Hidden Charges and Escalating Costs

• Bodies corporate and HOAs often charge:
  • Interest on overdue amounts (can be 2–3% per month)
  • Administrative/legal fees for collection
  • Special levies that may have been approved but not disclosed by the seller
• Without checking statements, you might only learn about these after your OTP is signed.

---

4. Risk of Inheriting Old Disputes

• Some sellers may have disputes with the body corporate or HOA about levy amounts, penalty charges, or fines.
• These disputes can be ongoing for months or years, and buying the property might pull you into the middle of them — even if you had no part in the original disagreement.

---

5. Loss of Negotiating Power

• If you find out about arrears before signing:
  • You can insist that the seller pays them off before transfer.
  • You might negotiate a price reduction or have the arrears paid from the proceeds of the sale.
• If you only discover it afterwards, your options are much more limited — and you might have to choose between paying up or losing the property.

---

Best Practice for Buyers

• Make it a suspensive condition in your Offer to Purchase that the seller must provide:
  • A recent levy statement from the body corporate/HOA
  • A municipal rates statement from the local authority
• Have your conveyancer confirm all amounts directly with the municipality and the HOA/body corporate.
• Insist on written confirmation that the seller will pay all arrears (including any special levies) up to the date of registration.
• Keep copies of these confirmations in case of disputes later.

Lake Properties                       Lake Properties