Question posted in the General Law category relating to Western Cape
I reside in a sectional title environment. A neigbour passed on without a will. The Son has taken occupation and does not conform to the Body Corporate Rules . Levies have not be paid for about 2/3 years. The occupant has taken on tennants although the unit/body corp rules states 2 Adults and 2 children ( max 4) . The 4 pesrson ruling is not adherred to. The Occupant and tenants are for the greater part , drug users and prositutes are plying trade or bringing clients onto the complex . The bodycorp has been told that we are able to do anything as the property is intestate . Please advise on 1) Does the Occupant have legal rights - under the intestate will or inheritace law. 2) Does the body corp have a right to restrict and enforce a zero visitation rule for this unit. 3) Does teh Bodycorp have a right to claim for outstanding levy. 4) if yes to point 3 who should approach the master of the court.
Answer to the Question
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Re 1) yes, if the executor of the estate allows this
Re 2) no
Re 3) yes, most definitely, against the estate
Re 4) no, not the master, the executor
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