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letting of units

By Anna Badenhorst on Sat, 14 Apr 2018 at 22:17

I read online "Body Corporates will need a special resolution to make decisions such as the purchase, transfer, sale or letting of units"

Does this mean that I must get permission before I may rent out my unit? What if I got a tenant for my unit without permission who persistently do not comply with the conduct rules? Can the Trustees give notice to my tenant or fine me?

We have such an owner in our scheme and they are also R3000 behind on their levy (withholding it on purpose) while earning rental income from a problem causing tenant...

Please advise!

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RE: letting of units

Murray Bennett replied on Sun, 15 Apr 2018 at 00:34

re: "Body Corporates will need a special resolution to make decisions such as the purchase, transfer, sale or letting of units" This refers to units owned by the Body Corporate and also covers the letting of common property, e.g. unregulated common property parking bays.
Each owner is responsible for ensuring that their tenant complies with rules and fines are issued to owners not tenants. In terms of the Rental Housing Act the complexes Rules should be annexed to and form part of the lease between the owner and the tenant.
Check your management and conduct rules, some complexes have added rules allowing the BC to evict delinquent tenants.
There are mechanisms in place to collect outstanding levies from owners.

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