Question posted in the Property Law category relating to Gauteng
I recently bought a sectional title property and upon registration which took place on the 23rd of February, I then received a levy statement from the managing agent for the body corporate which stated that levies are paid in advance and that I had the amount due, I then called the Managing agents and sent an email querying this amount on the statement because I was under the impression that I had paid for the levies already when I paid the costs with the transferring attorneys. I never received feedback from the managing agent and then I eventually called them back when I received another statement from the managing agent which now shows that I have an amount in arrears and when I asked how did this come about I was then told that the levies are paid in advance and they became due to me as soon as I took ownership of the property.
I would like to get some advice on this matter because I believe I shouldn't be paying for Levies for the previous Owner even though the transferring attorneys never explained to me that levies are paid in advance and that the amount I paid for my share in levies would not cover the levies. and also would it be possible to challenge the issue of levies being paid in advance because that means ill be paying for electricity that was used by the previous owner.
Answer to the Question
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Levies are normally paid in advance, starting from the month that the property is registered in your name.
It is not normal for you to pre-pay levies as part of the transfer of the property - so I'm not sure what you're talking about there.
You should have taken over the property with a ZERO levies opening balance. The seller should have settled the levies up to, and including, the date of transfer.
Levies are different to water / electricity usage!
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