A stern warning has been issued to owners of sectional titles, ie, flats or units at a complex, against failing to pay monthly levies to their body corporates, as mandated by the law — these payments fund expenses such as repairs, insurance, security, and administration.

In the worst case scenario, homeowners can lose moveable assets such as vehicles, furniture, electronics, and then immovable assets like their units.
This has been highlighted by Johlene Wasserman, an attorney specialising in sectional title law.

“Many schemes are on the brink of collapse due to levy defaults. A growing number of once-thriving community schemes are becoming shabby; water and electricity supplies are being throttled, and they’re facing the very real threat of sewage and garbage disposal services being stopped altogether. Imagine living in a complex where sewage runs down the street, the place reeks of filth, and is falling apart,” she said.

Also read: How to go ‘green’ in a sectional title and keep your levies down

She added, “If someone owes money — like arrear levies — and a court judgment has been granted against them, creditors can go the route of a Section 66 application. They may not, however, disconnect water, gas or electricity, restrict access to the complex, or publicly shame or defame owners in arrears. Unlawful disconnections or access restrictions can lead to spoliation claims and serious legal consequences.”

“When you buy into a community scheme — whether it’s a sectional title development, homeowners association, or retirement village — you cannot run away from your financial obligations,” Wasserman emphasised.

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