Good evening, I am a flat owner in a com...

Asked by Lebohang Parkies on 14-01-2015 22:35:47
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 0.00

Good evening,
I am a flat owner in a complex for many years now. I was also serving in the Body Corporate for this complex until a very unfortunate situation occured.

First of all, no owner could serve unless the levies are up to date. Now this situation occured when our Managing Agent relocated to Cape Town and left us under the Management of this Agent from hell.
When they came in, a fellow serving menber and myself were found to be owing a certain amount of money for the levies not clear for how many months nor which months. We were just owing.
This was in 2006. When we confronted the about this, also telling them that we are serving in the Body Corporate which has a policy that no owner can serve if the levies are behind, so we were told that there must have been a mistake and it was going to be rectified.
A couple of months later I realized that I was still owing this unknown amount then I decided to talk to the other owner who was in the same predicament as I. To my surprise he told me that his was sorted out and when I asked him if he knew anything about mine he directed me to the Agents.
It was not an easy thing to get these agents unless there was a Board meeting and when this came about six months later I was not only owing but there were penalties as well.
I was so angry with this I had to tell them that: Because this guy is White and I am Black his problem was solved but mine is incurring penalties.
I told them that I was going to boycott paying levies until they sorted my problem in the same way that they did with the White guy's.
Crazy as it was, I stopped paying the levies until they instructed Lawyers and ultimately attached my moveable property and sold them all, for how much? I do not know. I still told them that I do not refuse to pay levies but I want them to remove all the penalties, interests and that initial amount but they refused.
When I spoke to the Lawyers that took my things, I told them that it was unfair for this Body Corproate to discriminate against me like that, it was Racist.
They have since changed Lawyers and they now want to attach my flat. They say I must get a loan to pay up meanwhile they have placed a judgement against my name with the credit beaurau.
Not only have they done this, they have multiplied the penalties from R100 to R500 and this has increased my debt to above R70 000.
I made an offer to pay R2000.00 plus the current monthly levy but they have refused and demanded R5000.00 or else they they will initiate further legal action.
Currently I am paying that R5000.00 but I am not going to take this lying down I want to fight particularly for having been Racially Discriminated against.

I am an up to date clielntelegal member and I would definaetly want to take this matter to court.

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