A BEREA family is begging for assistance and relief from an “ongoing nightmare” that has forced them out of their home for over three months.

Jay Samdhan and her sons are residents of Crateford Court where they occupy a sixth-floor penthouse unit, which has been under renovation since November. “Since then, we have had no permanent place to stay while the contractor, hired by the body corporate, worked on the roof of the flat,” said Samdhan.

“Initially the estimated costs were R46 000 which eventually ballooned to R76 000. and an additional R20 300 being claimed, leading to a dispute between the contractor and Trustees. This fight eventually saw me and my sons being locked out of the flat.”

Samdhan, who has lived at the property for over 37 years, said the nightmare began last year when she noticed damages to the interior of the flat after the unit was left for two weeks with no roof and no covering to protect the property against the elements. She reported it to the Managing Agent of the Body Corporate, Unlimited Townhouses (UTH) and the Trustees.

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In November the work began on the roof of the flat, leaving the family without a place to stay, and hopeful that it will be a short-term crisis.

“During that time, the floor has been water-damaged and ripped off. Fittings and fixtures destroyed along with my furniture, which I was told not to move by the contractor, and the property was subsequently locked by himself, who has since been relieved of his duties, leaving my home uninhabitable,” said Samdhan who is battling with the body corporate and the Trustee over who is liable for the damages.

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Managing agent responds 

According to UTH portfolio manager Shiven Dhabideen, the repairs underway at Samdhan’s flat were authorised by the Body Corporate Trustees and the contractors appointed by them.

“UTH does not provide, arrange, or fund alternative accommodation for owners. No mandate exists in law or in UTH’s management agreement requiring the managing agent to do so. Any consideration of alternative accommodation would rest solely with the Trustees and/or the owner’s insurer,” he said.

When asked who is liable for the damage to Samdhan’s property, Dhabideen said, “UTH does not accept responsibility for any alleged damage to personal property. UTH neither carried out the works nor had custody or control of the unit or its contents. UTH has no policy providing for compensation or reimbursement to owners. UTH cannot lawfully approve, promise, or pay compensation on behalf of the Body Corporate or Trustees.

“Any resolution of disputes between an owner and the Body Corporate must be addressed directly with the Trustees, insurers, legal representatives, or through the Community Schemes Ombud Service (CSOS). UTH’s role remains administrative only.”

The Trustees could not be reached for comment.

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