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Calculating levy in month of Unit transfer

By Helena Janse van Rensburg on Mon, 30 Aug 2010 at 14:36

The transfer of a sectional title Unit was registered on the 5th of August. The monthly levy is R500. What are the levy amounts payable by the seller and the buyer respectively for the month of August?

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RE: Calculating levy in month of Unit transfer

Annette Stones replied on Mon, 30 Aug 2010 at 15:58

Seller R500 (i.e. 100% of levy), and Purchaser R0. See Section 37(2) of the Sectional Titles Act, which currently (i.e. it is due to be amended yet again after having been amended to its present form five years or so ago) places liability for levy payments on the persons who were owners at the time that the trustees ratified the levy contributions due and payable for the financial year.

RE: RE: Calculating levy in month of Unit transfer

Gerhard Bezuidenhout replied on Mon, 30 Aug 2010 at 17:40

Yes, but in pratice the conveyancer - in terms of the agreement of sale - will calculate 27 days' levy out of 31 for account of the purchaser.

RE: RE: RE: Calculating levy in month of Unit transfer

Annette Stones replied on Tue, 31 Aug 2010 at 01:55

In practice, Gerhard, that will happen only if a tripartite agreement has been entered into between the seller, purchaser and BC, releasing the seller from liability for levy payments beyond the date of transfer. The purchaser is under no obligation to enter into such an agreement, however - and the seller will thus, i.t.o. Section 37(2), remain liable for levy payments until the next year's levies are ratified by a trustees' resolution. What has happened increasingly over the past five years or so - presumably to avoid the hassle and additional cost of a tripartite agreement - is that the levies for the remainder of the year are built into the purchase price and paid across to the BC in full by the conveyancer on transfer. By making provision for levy contributions to continue beyond the end of the financial year, the more recent addition of PMR 31(4A) would have affected the adequacy of this arrangement, necessitating either an open-ended debit order against the seller's bank account OR a tripartitite agreement to make provision for levy liability to be transferred to the new owner during the interim period preceding the ratification of the new financial year's levies - OR the amendment of Section 37(2) to legitimate the automatic transfer of levy liability as from the date of transfer of the unit.

RE: RE: RE: RE: Calculating levy in month of Unit transfer

Gerhard Bezuidenhout replied on Tue, 31 Aug 2010 at 08:45

Hello, Annette - agreed that a tripartite agreement comes into place; and as you have mentioned: much depends on the contents of the agreement of sale.
I have yet to come across an agreement where the levies for the remainder of the year is built into the purchase price, hence the cautionery measures to be taken by all parties concerned, including the conveyancer and Body Corporate.

RE: Calculating levy in month of Unit transfer

Gerhard Bezuidenhout replied on Tue, 31 Aug 2010 at 09:00

Section 37(2) Any contributions levied under any provision of subsection (1), shall be due and payable on the passing of a resolution to that effect by the trustees of the body corporate ... from the persons who were owners of units at the time when such resolution was passed.
(3) The body corporate shall, on the application of an owner or mortgagee of a unit, or any
person authorized by such owner or mortgagee, certify in writing‐(a) the amount determined as the contribution of that owner; (b) the manner in which such contribution is payable; (c) the extent to which such contribution has been paid by the owner; and (d) the amount of any rates and taxes paid by the body corporate in terms of section 51 and not recovered by it.
Section 37(3)(b) has an interesting angle, which requires the trustees in their resolution to specify the "manner" in which such contribution is payable. The generally accepted "manner" is (1) monthly (2) in advance.
What is often forgotten, is that the levies at date of transfer to a new owner is due and payable (by the seller) for the remainder of and up to the end of the current financial year.
A tripartite agreement will seamlessly transfer the obligation from the seller to the purchaser, to pay levies from date of transfer of the section.

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