Property Transfer fees

Hulisani85

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Good day

I am buying a property through a bond, I have received a statement from transfer attorney with items I believe I should not pay for such as:

Application for rates clearance R600
Provision for 1 month levies R1853
Levy clearance certificate body corporate R1200.

Are these things not supposed to be paid by the seller of the property??

Please educate me.

Regards
 
Application for rates clearance R600 - Seller must provide that so must pay
Provision for 1 month levies R1853 - not sure what this is but probably its from the BC of which seller must pay
Levy clearance certificate body corporate R1200. - Seller must provide that so must pay
 
1 and 3 are for the seller to pay.

The 1 month levies this one is debateble. If they are going to add it to your levy statement for paying in advance then fair enough. Or if it is for water or electricity deposits then fine. However if they are wanting it to cover historic levies then that is for the seller's cost. This should be billed by the managing agent to the current owner.



Look up CSOS. Going forward there will be a small contribution to CSOS.
CSOS is sets regulations that complexes need to adhere too, they can give you advice on what you/the seller need to pay for.
I guess they can be equated to being kinda like the CCMA for complexes as they also assist in resolving sectional title disputes.
 
Also ask/insist for the last financial year's statement and also the last 3 months financials if the financial year end was more than 5 months ago.
The seller and also the bond/finance banks can ask for those. And as you are looking to buy you have the right to view those.

Never buy from a complex that has financial that are in the red or if they don't have a saving or maintenance fund that is in good health with a healthy bank balance.
 
Never buy from a complex that has financial that are in the red or if they don't have a saving or maintenance fund that is in good health with a healthy bank balance.

Where you gonna find that?
 
Also ask/insist for the last financial year's statement and also the last 3 months financials if the financial year end was more than 5 months ago.
The seller and also the bond/finance banks can ask for those. And as you are looking to buy you have the right to view those.

Never buy from a complex that has financial that are in the red or if they don't have a saving or maintenance fund that is in good health with a healthy bank balance.
Whats a healthy account?
 
Whats a healthy account?
Depending the complex size.

I would say general rule of thumb say min 6 months worth of general complex bills for things like gardens, security, pool maintenance and other general things the complex has either contracts or staff for. Further to that they should have a reserve kitty for general maintenance* no matter what laws say.








*the CSOS laws stipulate that all ST establishments. It involves a 10 year plan and requires a seperate contribution as well as bank account specifically for maintenance approved in the 10yr plan. This needs to be reviewed annually at the AGM and ajusted as required and another year added with the oldest one falling off as it has passed.

Complex where I was a trustee and selling the place now has a combined R4.5mil.
Smallest amount in the general running account. Next is the amount as stipulated by law for the 10 year maintenance funds. Then the rest about R2.4mil is in an investment account.

Do not the complex was in the red by nearly R1mil in 2008/9 so nearly a decade on and things are very different. That started getting better by 2012 and looked better by 2014. And by 2016/17 really healthy.

But that was a long road of rebates, return credits(1.8), saving, careful financial planning ect.

The credit helped a great amount. COJ had been overcharging the complex electricity. That took a lot of money and lawyers to solve. Eventually the complex charge level status was changed and the COJ account credited. It was a vote decision that the complex will not rebate the owners, everyone will continue to pay electricity. And it will then become part of the complex reserves as the complex did not pay COJ for electricity until the credit was depleted .

Do note the complex has well over 100 units.
 
Ask the agent for the financials.
The seller/agent has to provide it should the buyer request it.
I was talking about a ST complex that is in such good financial health. The MR&R and prescribed funding introduced in the STSMA have caused the overwhelming majority of BCs to raise special levies, just to be spent by trustees who dont know what end of a screwdriver to use, leave alone the difference between repairs and maintenance.
 
I was talking about a ST complex that is in such good financial health. The MR&R and prescribed funding introduced in the STSMA have caused the overwhelming majority of BCs to raise special levies, just to be spent by trustees who dont know what end of a screwdriver to use, leave alone the difference between repairs and maintenance.
CSOS is not a bad thing but getting it started can be very harsh on complexes that do not have sufficient savings to start the maintenance fund that has to be there by law.
And CSOS fees also need to be billed to each unit and then paid over.
 
Besides there are companies that specialise in drawing up these 10 year plans for STs, some even offer added services to oversee these projects so the trustees need not worry about the steps in between, they only need to sign off on the final result.
 
CSOS is not a bad thing but getting it started can be very harsh on complexes that do not have sufficient savings to start the maintenance fund that has to be there by law.
And CSOS fees also need to be billed to each unit and then paid over.

Besides there are companies that specialise in drawing up these 10 year plans for STs, some even offer added services to oversee these projects so the trustees need not worry about the steps in between, they only need to sign off on the final result.[/QUOTE

Agreed that CSOS is a good idea, and that some folks are capitalising on the STSMA regs. It doesn't change the fact that many ST complexes are have Hlaudi Motsoenengs as trustees.

Will stick to full title complexes in future, far less for them to screw up.
 
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