BODY CORPORATES LOANS

INTRODUCTION Many owners living in sectional title schemes fail to pay their levies on time or at all and management contracts.  Management contracts (which are contracts that deal with the obligations and duties of the managing agent as prescribed by the Sectional Titles Act 95 of 1986  (“the STA”)and the Sectional Titles Schemes Management Act 8
Introduction This article considers whether or not (and if so, to what extent) sectional title unit owners are liable to firstly the body corporate, and secondly the municipality, for municipal debt incurred by the body corporate prior to their becoming owners, and if so, in what proportions. The problem Imagine that you are an owner
SUMMARY Erf 377 Constantia was owned by the second appellant, Alphen Farm Estate in Constantia (Pty) Ltd (Alphen). Erf 377 Constantia was then subdivided and two precincts were established, a historic precinct and a residential precinct. Alphen remains the owner of the historic precinct which is comprised of sections 1 and 2 of the sectional