Wilson Mcwilliams
Legal in Port Elizabeth

Both Directors have experience as partners in larger practices but prefer the small firm environment as we believe it is more conducive not only to more personalised service but also better control over the quality of service provided to clients.

A number of owners of sectional title units have asked me whether they are entitled to withhold the payment of levies if they are dissatisfied with the manner in which the trustees appointed by the body corporate are managing the scheme or if they think that the levies imposed by the trustees are excessive or unnecessary. In a recent case the High Court considered a number of issues relating to the imposing of levies by a body corporate (trustees) and the owners’ obligations in respect of the payment of such levies. In this case a body corporate instituted action against an owner (a company) that owed money to the body corporate for monthly levies, a special levy and other charges. It contended inter alia that the body corporate had failed to carry out certain repairs to units in the scheme that the body corporate had increased monthly levies unnecessarily and that the increase had been necessitated by the mismanagement of the scheme by the body corporate and that with regards to the special levy it was not liable to pay such levy because the body corporate had sufficient funds in its account when the special levy was imposed. The bottom line is that if an owner or owners believe that trustees are imposing unreasonable or unnecessary monthly or special levies, such owners are not entitled to dispute liability for the payment of such levies on the grounds that they think that the levies are unnecessary or excessive. If members of the body corporate (owners) are of the opinion that the trustees are mismanaging a scheme their remedy would be to remove such trustees from offices in terms of the provisions of the Sectional Titles Act. At Sloan Wilson Attorneys, we understand that property issues and buying and selling property can be stressful as it involves one of your major assets. As Attorneys and Property Lawyers we are dedicated to ensuring accurate and speedy processing of transfers and bond registrations and efficient resolution of your property related issues. We offer written opinions, telephonic consultation and face-to-face consultations.