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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1362
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I have a situation with one of my sectional title properties

Customer Question

I have a situation with one of my sectional title properties which is occupied by a tenant.

The geyser element has gone twice in 8 months. The cost of R 1367.00 was added to my levy account. I paid all the levies and services excluding this amount. The electricity was cut off by the managing agent.

After a phone call where the managing agent admitted they cut it off it was reconnected.

I have researched this and established the following:

- That I am liable for the maintenance of the geyser and have paid the outstanding amount.

- The cutting off of the electricity due to unpaid accounts is totally illegal even if you are in arrears for a lengthy period. Particularly if the property is occupied by a tenant.

- There are now arrear charges of R 95.00 on my account and also a disconnection fee of R 200.00.

- The managing agent claims they acted on the body corporates instructions.

- I had to submit 3 requests before I was sent a copy of the plumbers invoice.

My take from research is as follows:

- The cutting off of the electricity is totally illegal. Can a criminal charge be laid?

- The raising of a fee for an arrears notice can only be made if the body raising the fee is registered with the "Debt Collector's Board"

- That all the charges debited to my account are out of order

- I have also advised the managing agent they are party to an illegal act and lodged an official complaint with the Estates Agency Board whom they are a member of. They have breached the board's Code of conduct.

As some background, the chairman of the body corporate is a law unto himself and has a major influence over the trustees. He has also been recently elected as the DA's local ward councilor.

Does the Consumer protection act come into Play here?

Please guide me.

Regards XXXXX XXXXX Preez
Submitted: 4 years ago.
Category: South Africa Law
Expert:  Fran-mod replied 4 years ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 4 years ago.

Please I still need an answer.



Expert:  Fran-mod replied 4 years ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
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Hello again,

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