In a recent case summary compiled by STBB, a purchaser was not happy to pay the same levies as everyone else due to the benefits that he felt he was not receiving. It’s an interesting read and holds fair warning to those about to purchase within a membership of an owners association.
The case is: Kingsmead Office Park Owners Association v Shasri Investments CC [2012] JOL 29586 (KZD)
Where a purchaser agrees in a sale agreement to be bound to the provisions of an owners association, he cannot later on refuse to pay levies merely because his property receives less benefit from the communal benefits (such as fencing and garden areas) than other owners. This is because he is contractually bound to comply with the association's rules and regulations.
