Why You Can't Just Stop Paying Levies: Understanding Your Responsibilities as an Owner

Being part of a community scheme, like a sectional title complex or a homeowners' association, comes with certain responsibilities. One of the most important is paying your levies on time. But what happens when you have a disagreement with the body corporate or management? Can you simply stop paying your levies until the issue is resolved? The short answer is no, and here's why:

Levies: The Backbone of Community Maintenance

Levies are not optional but mandatory in terms of the Sectional Titles Schemes Management Act 8/2011. They are the lifeblood of your community scheme. They fund essential services like:

• Security: Security personnel, gates, surveillance systems – all of these contribute to your safety and the safety of your property.

• Maintenance: Maintaining the common areas, gardens, pools, and buildings requires constant upkeep to preserve their value and functionality.

• Insurance: The community scheme needs adequate insurance to cover potential liabilities and disasters.

• Administrative costs: The management and administration of the scheme require staff, resources, and operational costs.

When You Have a Dispute

It's understandable to be frustrated if you feel like your concerns are not being addressed or you disagree with a decision made by the body corporate. However, withholding levies is not the solution and is unlawful. Here's why:

• Impact on the community: Every owner who doesn't pay their levies contributes to a shortfall that impacts everyone else. Essential services can be disrupted, maintenance delayed, and even insurance coverage jeopardized.

• Legal repercussions: The body corporate has the right to take legal action to recover unpaid levies. You could face additional costs like legal fees and penalties.

• Escalation of the dispute: Instead of resolving the issue, withholding levies will only exacerbate the situation.

Your Options for Resolving Disputes:

• Communication: First and foremost, engage in open and respectful communication with the body corporate. Try to understand their perspective and present your concerns clearly.

• Mediation: If communication breaks down, consider mediation. A neutral third party can help facilitate a dialogue and reach a mutually agreeable solution.

• Dispute resolution: If mediation fails, the scheme's rules may outline specific dispute resolution procedures. Follow these processes to address your concerns formally.

Remember: Paying your levies on time is a fundamental obligation as an owner. Even if you have disagreements, there are constructive and legal ways to address them. Don't let your frustrations jeopardize the well-being of your community and potentially lead to unnecessary legal complications.