Sectional Title Responsibility

this process starts within 90 days of an owner being in arrears. The trustees make sure of this. So it is not like this is not being done. Problem is the it has been 7 years trying to attach an item or the unit. we also instructed the managing agents to change law firms as we were not happy with the progress with the same results. Just seems to be getting worse that as new owners move in the cannot afford the levies so do not pay.
Been mentioned a few times now, get a better managing agent.. you are paying these guys to do this and if they cannot get it done, send them packing.. it is as simple as that..

Our managing agents were not the greatest but, they recouped outstanding levies and never had to resort to the courts for it..
 
Just to add to your burden - if you, as the trustees, pass a resolution that is in contravention of the act and it is found to be grossly negligent you could be held personally liable for placing the estate back in the position it was before. Stop messing around, get a decent managing agent from a reputable company to ensure you are compliant, do you collections and planning properly and you'll have a bit of pain and then will be fine.
This resolution was made before the time of the current trustees or managing agent. So we do not know the details. Not sure if it came from the trustees or owners. Just what we were told. Do not even have anything in writing. lots of information was lost with the old managing agent. Current managing agent is Wakefields property group. I try keep up with the sectional titles act but cannot find any info on this. I have now sent a request through to the CSOS asking for an answer.
 
I intend to step down at our next AGM. I just can't continue working within constraints that I wouldn't ordinarily have, simply because some owners don't want levies increased at all. Also, I've been doing a lot of work for free because I enjoy it which saves a lot in getting contractors out and paying them their call outs and exorbitant rates (as soon as they see a complex they see $$$).

I wanted to step down a few months ago but was also begged to stay, so I resolved to stay on until the AGM. I've been quite firm about that.

Trouble is, it's made me so jaded about the whole thing that I'm in a place where I'm likely to become one of those owners that doesn't even bother to attend the AGM. I'm luckily not one of those that never attends and still complains, but I just feel like I'll pay my levies, I'm not short on cash and will gladly pay 3 times what I'm paying now just to not have to care.
You should not give people options. No-one ever likes increases, tax, levies.... But sounds like if you don't do it they have a lot more to lose. Going to have to remove emotion from this and everyone is going to have to pay up. Stepping down is not going to solve the issue. You currently have a very expensive investment and going to have to fight for it.
 
Been mentioned a few times now, get a better managing agent.. you are paying these guys to do this and if they cannot get it done, send them packing.. it is as simple as that..

Our managing agents were not the greatest but, they recouped outstanding levies and never had to resort to the courts for it..
Maybe your demographics or owners are better. I cannot say. but the process gets followed and we follow up to make sure it is getting done and keep getting follow up reports. Just the owners do not even bother responding. If you go to their door they do not open up. Even though we know they are in there. Our managing agent is Wakefields property group. can you advise on a better managing agent.
 
You should not give people options. No-one ever likes increases, tax, levies.... But sounds like if you don't do it they have a lot more to lose. Going to have to remove emotion from this and everyone is going to have to pay up. Stepping down is not going to solve the issue. You currently have a very expensive investment and going to have to fight for it.
can the trustees enforce this? as far as I am aware this has to be approved by the majority of owners at the AGM. if they do not approve this then the trustees have to abide by the majority ruling.
 
Well as you've seen there was also the lovely other issues that you're seeing, sometimes when something seems to be good to be true.
to be honest when I purchased the problems were not this bad. but as units are changing owners the demographics is changing and it seems allot of the new owners think that they do not have to pay levies. and once they realise how serious this is for them they are so far behind that the cannot afford to pay back and then we have to keep with the legal action to try and attach the items or units which seems to be a nightmare with the courts.
 
to be honest when I purchased the problems were not this bad. but as units are changing owners the demographics is changing and it seems allot of the new owners think that they do not have to pay levies. and once they realise how serious this is for them they are so far behind that the cannot afford to pay back and then we have to keep with the legal action to try and attach the items or units which seems to be a nightmare with the courts.
It honestly just sounds like really bad management. People will naturally try to get away with things, this is why you have good management.

Anyways, good luck!
 
You should not give people options. No-one ever likes increases, tax, levies.... But sounds like if you don't do it they have a lot more to lose. Going to have to remove emotion from this and everyone is going to have to pay up. Stepping down is not going to solve the issue. You currently have a very expensive investment and going to have to fight for it.
It will still be well run enough, just without any hassle from my side. If I want to put lithium batteries for the gate motor so that I don't have to hassle with replacing them every year then I want to have the budget to do that. Most people see it as unnecessary, even when presented with the long-term benefit because they're not the ones having to put up with the hassle.

That's just one example of simple upgrades that I want to improve my life as a trustee which people vote against at the AGM. We're a fairly small complex with very low levies so even something that trivial doesn't have many units to be split over, so I can't simply hide it in an 8% increase.
 
to be honest when I purchased the problems were not this bad. but as units are changing owners the demographics is changing and it seems allot of the new owners think that they do not have to pay levies. and once they realise how serious this is for them they are so far behind that the cannot afford to pay back and then we have to keep with the legal action to try and attach the items or units which seems to be a nightmare with the courts.
That sounds really bad. We're in a lucky enough position to not have a single unit in arrears in our complex with about 30% of them being paid up in advance by at least 6 months.
 
Although it has some benefits, it is a total headache. Do not think I will ever buy in a complex again. Current bank balance is R304 000.00 arrear levies is R1 500 000.00. legal action going on for years with no result.

I hear you.

Reality is its the BCs responsibility ( your rules can't override the act and the act can't override common law etc)

The problem is you don't have money, that's not your problem, ie of you get sued and you can show sufficient effort has been made to recover the arrears levies you'll be fine.

You can only do so much.

What area is the complex roughly, there's on in parklands in a very similar position wonder if it's th same.
 
I'm going to PM you, on the arears levies side what we do.
 
to be honest when I purchased the problems were not this bad. but as units are changing owners the demographics is changing and it seems allot of the new owners think that they do not have to pay levies. and once they realise how serious this is for them they are so far behind that the cannot afford to pay back and then we have to keep with the legal action to try and attach the items or units which seems to be a nightmare with the courts.
Yeah started noticing that type of thing happening just before we moved out.
 
can the trustees enforce this? as far as I am aware this has to be approved by the majority of owners at the AGM. if they do not approve this then the trustees have to abide by the majority ruling.
No. Trustees are responsible for the day to day running but major decisions require a Quorum of the owners. IF they are actually voting enblock to not do so, then I would bail. There is nothing you can do if all the owners refuse.
 
Trustees are appointed by the owners, appoint new ones if you don't like the way they run things.
This is a big one, the trustees in our building is corrupt and not good people in bed with the MA, I single-handedly then went and knocked on every door, spoke to every estate agent, created massive communication efforts and notices and managed to get the majority of owners involved and changed the course of the ship.


^IE it can be done but you need a backbone and willingness to take charge then if you are unhappy.
 
How are owners selling units if there is so much outstanding levies? Or are they leasing out the units collecting rent and not paying levies?

A levies clearance certificate is required when selling, cant he outstanding debt be collected if/when the defaulters are selling the units?

Heres a random question/thought, can a garnishee order not be obtained through the courts, so if they collect rent or even a salary then the money will get deducted from them regardless of how they feel?
 
That sounds really bad. We're in a lucky enough position to not have a single unit in arrears in our complex with about 30% of them being paid up in advance by at least 6 months.
I dont want to sound racist as I do not belive in being mean to someone based on there Culture/Colour. but from what I see with the levy collection, whites and indians do not seem to be a problem. If they fall behind once we send them letters and threaten legal action they pay up. As for some black people I do not understand they do not give a damn and just do what they want and we have to resort to going all the way of attaching their units. We also have a number of units that the owners have purchased the units then no one moves in and they remain empty and do not pay levies and just leave the unit. we keep cutting their grass in their exclusive use areas otherwise they become overgrown. Or units that buy BMWs and when they break down they cannot afford to fix them so just leave them sitting in the parkings. Sectional title is great if you have owners willing to do their bit and can afford to do so. But we seem to be having people buying unit here that they cannot simply afford. Looking at the levy statement. All the units in arrears are black owners.
 
Heres a random question/thought, can a garnishee order not be obtained through the courts, so if they collect rent or even a salary then the money will get deducted from them regardless of how they feel?

I did some searching and it seems possible


Should none of these steps prove successful in the full recovery of arrear levies, more drastic steps may be taken such as auctioning the property or an application for a garnishee order.
 
I dont want to sound racist as I do not belive in being mean to someone based on there Culture/Colour. but from what I see with the levy collection, whites and indians do not seem to be a problem. If they fall behind once we send them letters and threaten legal action they pay up. As for some black people I do not understand they do not give a damn and just do what they want and we have to resort to going all the way of attaching their units. We also have a number of units that the owners have purchased the units then no one moves in and they remain empty and do not pay levies and just leave the unit. we keep cutting their grass in their exclusive use areas otherwise they become overgrown. Or units that buy BMWs and when they break down they cannot afford to fix them so just leave them sitting in the parkings. Sectional title is great if you have owners willing to do their bit and can afford to do so. But we seem to be having people buying unit here that they cannot simply afford. Looking at the levy statement. All the units in arrears are black owners.
No to go on the racial angle but a lot of times, its also that they seriously don't know or understand the responsibility of levies.

In my old complex, one of the units was owned directly by Transnet. They sold the unit to the then occupant. That occupant didn't pay levies for months because to them, they were responsible only paying the existing bills + now a bond vs rent. We had to explain the whole communal living and payments. You might find that simply because a previously disadvantaged group are now able to actually purchase property, they simply have never experienced or understood a sectional title owners responsibility.

Heck, new property owners of any ethnicity often struggle to come to grips with property issues. Should actually be part of the whole life skills thing OR mandatory counselling by the bank who issues the bond explaining it. Also those people are in breach of their loan agreements by not paying maintenance.
 
Get a proper management agent. Take the owners to court. If need be attach the unit for auction
This is the issue

If you do this even 60 days after levies are not paid, the courts are swamped your applicable goes to the bottom of the pile and you wait on average 5 years.

I would ask a lawyer if it is legal to create a loss leader leaderboard and have a public notice in the complex showing who owes what and let them sort each other out by shame and humiliation ?
 
Top
Sign up to the MyBroadband newsletter
X