In a recent email from one of our conveyancors (STBB), they answered this question brilliantly. This troublesome issue has a simple answer!
The Sectional Titles Act makes provision for it in Section 37(2A), which states that a special levy becomes due on the passing of a resolution levying such contribution and may be recovered by the body corporate from the persons who were the owners of units when the resolution was passed.
The Sectional Titles Act makes provision for it in Section 37(2A), which states that a special levy becomes due on the passing of a resolution levying such contribution and may be recovered by the body corporate from the persons who were the owners of units when the resolution was passed.
This becomes especially important when a special levy is raised after an owner has sold his unit, but before the transfer of ownership has taken place. If a seller was the owner at the time the special levy was raised and therefore when it became due and payable, the body corporate must recover the special levy from him and has no legal entitlement to recover the special levy from the purchaser as the new owner, unless there is a contractual agreement to the contrary.
In these circumstances it is very important to deal with the issue of special levies in each and every agreement of sale that relates to sectional title property.
If you would like more information on this topic, please feel free to contact us at allison@riviganpg.co.za.
