By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Withholding levy clearance certificates

Member’s question:

Would a body corporate be able to withhold a levy clearance certificate if they suspect a unit has a water leak seeping through to the unit below, or do they just advise the new owner of this before transfer and issue the levy clearance certificate?

The scenario is that the downstairs section owner complained about water leaking from the section above his unit. This unit above, was sold and the attorneys requested a levy clearance certificate.

Thank you

Anton’s answer:

Hello,

The clearance certificate provision is section 15B(3)(a)(i)(aa) of the Sectional Titles Act. It refers to money owing to the body corporate, so I don’t think the body corporate can withhold the certificate unless it can show that the leak involves or will involve damage to common property that must be repaired with resultant cost to the body corporate.

 

Rules enforcement

Member’s question:

If an architectural rule has been changed in a home owners’ association may the association apply the rule retrospectively?

For example, external conduits/wiring was installed a few years back and the home owners’ association, now after the rules have changed recently, applied the rule to the relevant owner that installed external conduits prior to the amendment of the rule.

May the home owners’ association force the owner to chase the conduits/wiring into the wall?

Anton’s answer:

Rule and architectural guideline changes can’t be applied retrospectively.

This seems to be about appearance and cost, so I would suggest the home owners’ association call a meeting and find out from the members whether they are willing for the home owners’ association to use its money to chase the wiring and conduits.

There’s often a provision for some form of owner directive to execs in home owners’ association governance documentation.

 


Article reference: Paddocks Press: Volume 11, Issue 12, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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