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We would like to know whether a managing agent / body corporate can be allowed to charge a lessee a penalty of R1 000-00 for dust and rubbish left in a passage-way.
In this same matter the body corporate is charging the lessee R1 000-00 per day for late payment on a previous fine.
The body corporate does however stipulate this amounts in their house rules.
We would also like to know if there's a company / institute (like the Rental Housing Tribunal) where a lessee can lay a complaint against a body corporate?
Your assistance in this matter will be much appreciated.
Kind Regards
~Tersia~
REPLY:
Dear Tersia
My expert had a number of things to say i.e.
1. Are the rules registered? You can find this out via the Deeds
office. If the rules are not registered, they are not
enforceable.
2. Were the rules attached to the lease agreement? Again if they
Were not they are not enforceable. The landlord will then have to pay the fine and he can claim the amount from the agent whose duty it was to attach them in terms of the Sectional Titles Act and the Rental Housing Act.
3. Was the tenant given a warning? According to the Sectional
Titles Act and Court of Law a warning must be given prior to a fine. Thereafter a disciplinary hearing must be held at which the tenant/owner may defend themselves.
4. Fines; the person concerned does not have to pay the fine at
Once but has to be given an chance to pay the offence. Note that an increased fine may only be levied if the offence is the same as the previous one.
If the tenant or owner is not given these opportunities he may approach the courts who would only uphold the procedure as detailed above.
5. The Tenant could approach the courts to protest about an unfair
fine. There is currently no other body who would be able to help in this regard other than an arbitration or mediation organisation. The latter would have to be agreed upon by both parties.
I trust this will help you. |
