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How to deal with (and get out of) fines issued by your complex

How to deal with (and get out of) fines issued by your complex

Author: Pranil Maharaj
Date: 2018-09-21

Upon checking your mailbox, which is usually empty thanks to the invention of email, you're surprised to find a white envelope with the signature of your body corporate and your name just below it with a bold red typeface notifying you of a R500 fine for exceeding the 35km/hour speed limit within the estate. After a wave of panic that follows, a new sense of unjustified indignation follows: What right do they have to issue fines

Well, according to the law, the Sectional Title Act gives bodies corporate exactly that right in the form of management and conduct rules.

The first thing homeowners should do when issued with a fine by their body corporate is to get hold of the latest copy of the rules. A copy of these rules should be readily available to all residents.

When it comes to speeding fines specifically, residents should also find out whether the roads within the estate are registered as public roads or private roads.

According to the Act, the accused resident is also meant to be invited to attend a meeting with the trustees if the problem persists after the first warning has been issued. At this meeting, the resident may plead his or her case and argue for why further action should not be taken.

Governing bodies of sectional titles may only issue fines to the owner of the property and not to the tenant that is currently occupying it. The landlord may stipulate in the rental agreement whether the tenant will be liable for such fines, but the body corporate cannot take it upon itself to decide this.

As a final piece of advice, suggests that homeowners keep themselves informed by subscribing to estate newsletters and by attending the regular residents' meetings. Information is power. The less informed you choose to be, the easier it will be to get taken advantage of.