I need to give some background: I am the owner of a sectional title and had some water damage in my flat.The insurance paid me a some of money for the repairs. The insurance money was paid into the body corporate account, which is how we agreed. The body corporate then pay the money into my account, but decided to keep R4500.00 for outstanding levy fees. There is currently a dispute over this and quite a number of owners are in arrears because the previous managing agent had a fraud issue. Some employees at the managing agent took some of the levy fees and did not supply receipts to the owners. The body corporate wants all the outstanding money back. This happened 5 -6 years ago. My question is: Can the chairperson claim the insurance money due to me without my consent. Not once was I notified about this "rule" and I will not agree to such rule or arrangement.I have written letters that is never answered properly. I tried to discuss the matter at meetings but the chairperson refuses to give me any answers or want to discuss the matter. I always get the same answer - the matter is resolved and I can not claim my money back, end of story. Due to the fact that I did not receive the all the money I could not repair the damage. The water damage happened in February 2012.Litigation and arbitration is very expensive and I do not have the money for a court case. What can I do to rectify this matter.I asked a lawyer to write letters to the chairperson demanding the money back but to no avail. The chairperson told me that she is allowed to take the money but she is not a debt collector and I never received any letters of any kind to notify me about the outstanding amount. The matter was never referred to a lawyer or the court.Thank you for your time.
State/Country relating to question: South Africa
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I am afraid if you do not want to use the ruleXXXXXwith a arbitrator the only other solution is the Small Claims court.
You can sue the Body corporate on the basis that they had to pay the money (contract). They will defend the matter on the grounds that they have a retention right. You then place in dispute the money due and payable and reqeust a proper setout of the money.
In essence any claim under 12 000 rand can be taken to the small claims court. It is the quickest and most cost effective way i can think of except rule 71 of sectional title act.
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BProc, LLB and MBA
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