Hi Francesco, thanks for all the interesting articles. I'm reading up more and more about strata laws in NSW to learn more about the industry as we are planning on moving there soon. I'm in the sectional title property industry here in South Africa and will probably look at keeping in the same sort of industry if possible over there.
Pertaining to this article, I thought you and your other readers might find it interesting that our company, Sectional Title Solutions along with other companies like Stratafin, and non-profits like the National Association of Managing Agents, financed the onward appeal from the full bench (three judges) of the High Court in Johannesburg to the Supreme Court of Appeal in Bloemfontein (5 judges) due to the critical importance of the levy clearance certificate that was seemingly upended in the High Court judgment as highlighted by you in your article. And the further appeal was successful.
The Supreme Court of Appeal overturned the High Court ruling and reinforced the power of the levy clearance certificate in sectional title law (we call it the embargo provision). It was an enormously necessary judgment considering the rampant non-payment of levies in South Africa and corrected some mistakes made by the judges in the High Court cases. In short, Steinmuller, the purchaser of one of the units at the public auction (forced sale by the sheriff of the court on behalf of the judgment creditor of the unit owner) was ordered to pay the full bill of levies declared to be outstanding by the body corporate. The body corporate was not forced to issue the clearance certificate until such time as those monies were paid by Steinmuller, thereby stopping transfer of the property into Steinmuller's name.
You can access the latest judgment of the Supreme Court of Appeal in this case here: https://www.saflii.org/za/cases/ZASCA/2023/143.html. We also wrote a short article on it here https://www.stsolutions.co.za/wp-content/uploads/2023/11/The-power-and-effect-of-the-levy-clearance-certificate.pdf.
Thanks again for all your writing. Getting stuck in again now.
I have some familiarity with South African strata laws as they originated out of NSW strata laws, plus I've attended and spoken at a NAMA conference and know a number of your strata characters too.
So, please email me at francesco@gostrata.com.au so I can DM you about the other issues you've raised.
Hi Francesco, thanks for all the interesting articles. I'm reading up more and more about strata laws in NSW to learn more about the industry as we are planning on moving there soon. I'm in the sectional title property industry here in South Africa and will probably look at keeping in the same sort of industry if possible over there. Pertaining to this article, I thought you and your other readers might find it interesting that our company, Sectional Title Solutions along with other companies like Stratafin, and non-profits like the National Association of Managing Agents, financed the onward appeal from the full bench (three judges) of the High Court in Johannesburg to the Supreme Court of Appeal in Bloemfontein (5 judges) due to the critical importance of the levy clearance certificate that was seemingly upended in the High Court judgment as highlighted by you in your article. And the further appeal was successful. The Supreme Court of Appeal overturned the High Court ruling and reinforced the power of the levy clearance certificate in sectional title law (we call it the embargo provision). It was an enormously necessary judgment considering the rampant non-payment of levies in South Africa and corrected some mistakes made by the judges in the High Court cases. In short, Steinmuller, the purchaser of one of the units at the public auction (forced sale by the sheriff of the court on behalf of the judgment creditor of the unit owner) was ordered to pay the full bill of levies declared to be outstanding by the body corporate. The body corporate was not forced to issue the clearance certificate until such time as those monies were paid by Steinmuller, thereby stopping transfer of the property into Steinmuller's name. You can access the latest judgment of the Supreme Court of Appeal in this case here: https://www.saflii.org/za/cases/ZASCA/2023/143.html. We also wrote a short article on it here https://www.stsolutions.co.za/wp-content/uploads/2023/11/The-power-and-effect-of-the-levy-clearance-certificate.pdf.
Thanks again for all your writing. Getting stuck in again now.
Ciao
Hi Fausto
Thanks for reaching out.
I have some familiarity with South African strata laws as they originated out of NSW strata laws, plus I've attended and spoken at a NAMA conference and know a number of your strata characters too.
So, please email me at francesco@gostrata.com.au so I can DM you about the other issues you've raised.
Cheers
Francesco
Thanks Francesco. I will get in touch. Have a great day.