Question:
I am an owner of a sectional title unit and often get a lawyer's letter from the body corporate about various things (our body corporate do not believe in speaking to an owner; they send a lawyer's letter).

I always get charged (through my levy) for these letters; are they allowed to do this? I also have to pay my lawyer as I always forward letters from the body corporate's lawyer to her. I'd appreciate it if you could clarify the situation for me.

Answer:
In terms of prescribed management rule 31(5) an owner is liable for all legal costs incurred by the body corporate in recovering from him any levies or other arrear amounts due and payable to the body corporate. He or she is also liable for the body corporate's legal costs incurred in enforcing compliance with the management rules, the conduct rules or the Sectional Titles Act 95 of 1986. An owner who is successfully sued by the body corporate is liable, amongst other possible expenses, for the body corporate's full legal costs.

Therefore if the lawyer's letters that you receive are part of the body corporate's attempt to recover arrear levies or other amounts from you which you owe to it or to enforce the rules of the scheme or the provisions of the Act, then you may well be liable for the costs of the lawyer's letters.

However, from your statement (that the body corporate does not talk to owners; it simply sends lawyers' letters) it seems that the body corporate may be incorrectly charging you for lawyers' letters which do not relate to recovery of levies or enforcement of the rules or provisions of the Act. If you believe you have been wrongly charged for the fees associated with lawyer's letters your recourse is to dispute the charge. Be careful of using the formal dispute resolution procedure in terms of prescribed management rule 71, because the costs may outweigh the benefits. This is a matter best dealt with by negotiation, so try to convince the managing agent that the charge has been incorrectly raised.

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