Sectional Title Responsibility

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?
The units in arrears cannot sell. We have one unit in arrears that is being sold based on the sale paying the outstanding levy to get the sale approved. So hopefully we should get this money soon. Other units in arrears are not selling and just living here for free.

Will look into the possibility of a garnishee order.... I am not sure.
 
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?
Very simple. Using agents who are snakes. Catching specially those first home buyers.
 
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.
This. I will admit that even though it wasn't a financial problem for me when I bought my first place, I wasn't really aware of all the things I had to do, like registering with the municipality for rates and taxes, water & electricity. When something breaks having to find people to come and fix it (or in my case fixing it myself). All of these things I was mostly insulated from when renting and it seems trivial now but it felt very much like being thrown in at the deep end.
 
I will never buy a complex based property again. Out of 4 properties I have owned only 1 was a full title in a complex and even that one had some issues. 2 many people think they have a right to stick their nose into your business. I used to be in the same boat. Built off plan. Builders went belly up. Had to try get owners to buy into the plan to finish the ocmplex stuff ( Gates/motors etc ). Became chairman for a short while to sort that crap out . Sold as quick as I could and left

Complex's have some VERY good sides to them. But they also have some very BAD sides. Even if things are good now, in the future they can go bad VERY quickly.
 
I will never buy a complex based property again. Out of 4 properties I have owned only 1 was a full title in a complex and even that one had some issues. 2 many people think they have a right to stick their nose into your business
I'm very very happy with the complex that I bought in, but I know for sure that I got lucky. Won't roll the dice again after seeing all the headaches others have to deal with.
 
When any managing agent takes over, they are the SIHT ! LOL

It all boils down to results in my view.

An example (we had a very popular managing agent until 28 Feb 2022) onboard at our estate.

Our top 2 defaulters went from :
R3000 to R200 000
R150 000 to R600 000

And its always excuses, then this, then that ... bla bla bla ! So sadly, it means nothing to kick a dead horse hoping for the best ! We enriched them ! And they are smiling full stop !

Too little to late !
 
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 ?
To be honest we did already do this. We are mandated by the owners to give Minutes of the trustees meetings to all owners. and obviously we discuss the arrears levies and progress. So everyone is aware of this.
 
And its always excuses, then this, then that ... bla bla bla ! So sadly, it means nothing to kick a dead horse hoping for the best ! We enriched them ! And they are smiling full stop !
My favourite is one managing agent that a work colleague was complaining about, they gave a loan to the complex to be able to still spend the full budget even though they weren't collecting all the levies. So managing agent is making sure they can still spend everything and then they're able to charge interest on the loan too.
 
So you are also saying that we are responsible for the painting of the units as well? We do not have the funds for this. Painting the Complex will cost R750K. we only have R300K in the bank account an min reserve will be R160K.

We try make a special levy and owners do not pay. before the current trustees time The complex was bankrupt and this was the reason the special resolution was passed that owners will paint their own units. we still do other maintenance as in structural repairs, roof leaks etc. everything but the painting.
the budget for painting should be part of your ten year maintenance plan. Shouldn't be doing special levies for this.
 
As has been said, you cannot contravene the act, no matter what was agreed or stipulated. An owner can reject and just pay 50% for a window.
This is an improvement, the budget is for running and maintaining the complex. I think an improvement like this may require a special vote.
 
This is an improvement, the budget is for running and maintaining the complex. I think an improvement like this may require a special vote.
Doesn't matter. The partition of a section is always 50/50: external walls, windows, roof, floors. Anywhere where a section adjoins another OR is the external facing part of a complex.
 
Doesn't matter. The partition of a section is always 50/50: external walls, windows, roof, floors. Anywhere where a section adjoins another OR is the external facing part of a complex.
totally disagree. the 50/50 rule is for maintenance where the median must be considered.

For example if I decide to install a gold plated front door I should expect the BC to cover half of it?
 
totally disagree. the 50/50 rule is for maintenance where the median must be considered.

For example if I decide to install a gold plated front door I should expect the BC to cover half of it?
Stupid example. This question is around wooden windows that have fallen into disrepair. The repair and maintenance thereof can be deemed 50/50 , it is not an improvement.

As to the door, if the bc disagrees with the door, the owner can be forced to remove it to conform. We had issues with our garage doors, no one could paint theirs only , it had to be done same time and jointly done.
 
Stupid example. This question is around wooden windows that have fallen into disrepair. The repair and maintenance thereof can be deemed 50/50 , it is not an improvement.

As to the door, if the bc disagrees with the door, the owner can be forced to remove it to conform. We had issues with our garage doors, no one could paint theirs only , it had to be done same time and jointly done.
but that's exactly the issue, repair, maintain, like for like, so if the wooden frames then need to be replaced for the 50/50, would have be wooden frames replacing.
 
Stupid example. This question is around wooden windows that have fallen into disrepair. The repair and maintenance thereof can be deemed 50/50 , it is not an improvement.

As to the door, if the bc disagrees with the door, the owner can be forced to remove it to conform. We had issues with our garage doors, no one could paint theirs only , it had to be done same time and jointly done.
If the wooden windows were not maintained on the BC side, then the cost is arguably 100% to be covered by the BC. The only time that it would be 50/50 would be if, for example, the BC and owner agree to upgrade windows to aluminum (for well-maintained windows). But we know that it's generally not the case, so if wooden window maintenance was neglected by the BC, then they cannot expect the owner to pay 50%. A fair cost for the owner would then be 0% of the cost of replacement of wooden window, plus 50% of the difference between the cost of replacing the wooden window with aluminium (assuming that aluminium is more expensive).
 
If the wooden windows were not maintained on the BC side, then the cost is arguably 100% to be covered by the BC. The only time that it would be 50/50 would be if, for example, the BC and owner agree to upgrade windows to aluminum (for well-maintained windows). But we know that it's generally not the case, so if wooden window maintenance was neglected by the BC, then they cannot expect the owner to pay 50%. A fair cost for the owner would then be 0% of the cost of replacement of wooden window, plus 50% of the difference between the cost of replacing the wooden window with aluminium (assuming that aluminium is more expensive).
No, I wouldn't recommend this, Firstly an improvement requires a special vote.
Secondly any additional cost above maintaining the existing wood frames as they were supposed to be must be covered by the owner of the section. The sectional title budget doesn't cover for this.

@ 15:25
 
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