MCS Courier – May 08

This month's issue covers the following topics:

Do levy claims prescribe?
Alastair Lomas Walker, a Durban attorney raises the following very important question, namely whether a body corporate's levy claims become prescribed after expiry of 3 years.

After discussing the terminology of section 13(1) of the Prescription Act, Tertius Maree concludes by saying that "in summary it can therefore be said that claims for levies owed by ordinary members prescribe after a period of 3 years from the date upon which the debt arose. If the arrears are due by a trustee, prescription also takes place after 3 years, but not before expiry of at least one year after termination of his trusteeship.

Trustees should take note of the potential effects of prescription on levy recoveries and should take timeous action to safeguard the body corporate against unnecessary losses."

Maintenance of pipes and access to sections
Ilse Kotze draws our attention to the interesting point that the actual effect of section 37(1)(p) of the Sectional Titles Act is that the body corporate is responsible for the maintenance of all pipes wherever it may exist within the boundaries of the scheme, except if situated within a section and only benefiting that section.

Energy: How can we do our bit?
Jacques Maree investigates ways to save electricity and the distinction between and implications of an owner wanting to install or place a generator which serves his section only, as opposed to a situation where the trustees want to install a generator on common property for use by the body corporate.

Vrae oor versekering
In this extract from the series DeeltitlelForum, published weekly in Die Burger, Tertius Maree answers questions about insurance and maintenance.

MCS Courier May 2008