By Prof Graham Paddock

Prof Graham Paddock
Below is an example of a question on the discussion forum on Paddocks Club. We want to show what is available to our Community Members!

Can the Masters office limit the Body Corporates’ claim for levies?
Question:
In the case of an Insolvent Estate, can the Masters Office rule that levies and arrears can only be charged to a maximum of 2 years prior to the date of liquidation?

Paddocks ClubGraham’s answer:

No, the rules that apply to the creditor’s claims in the liquidation of an insolvent estate do not apply to the claim of a body corporate for outstanding levies, because the High Court has held that the levies payable on transfer of the unit out of an insolvent estate are not payable as creditors claims, but as part of the costs of realisation of the asset for the purpose of liquidation of the insolvent’s assets prior to distribution. So the BC is entitled to payment of its full levies, interest and associated legal costs.

Who pays for replacement of garage door bolt?

Question:

If the metal sliding lock on the outside of a garage door that locks into the wall is rusted and needs to be replaced, this cost must be carried by the Body Corporate?

Graham’s answer:
Assuming that:
a)    the exterior bolt / lock is a standard feature and was not added by the owner, and
b)    the door is built into the exterior wall of a section,

then it forms part of the door installation and it is the body corporate’s obligation to carry out such a repair or replacement as necessary.

The body corporate must recover one half of the cost from the owner because the door is partly common property and partly section.

 
Article reference: Paddocks Press: Volume 8, Issue 2, Page 4

 

Professor Graham Paddock is available to answer questions on the discussion forum for Community Members of Paddocks Club. Get all your questions answered by joining Paddocks Club at www.PaddocksClub.co.za.


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