Dear Team, I reside in a sectional title...

Asked by Emile on 07-06-2020 19:07:01
Question posted in the General Law category relating to Western Cape

Dear Team, 

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

Posted by Att. Patrick on 12-06-2020 20:57:58

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

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

Att. Patrick

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