Bodies corporate may occasionally raise special levies to cover unexpected, urgent expenses—such as repainting common areas, lift repairs, or improved security. These are separate from the standard monthly levies.

Under the Sectional Titles Act of 1986, sellers were fully liable for special levies, even if raised just before a sale—unless the sale agreement stated otherwise.

The Section 3(3) of the Sectional Titles Schemes Management Act, 2011 updated this: while the owner at the time the levy is raised remains liable, a new owner becomes responsible for a pro-rata portion from the date of transfer. That said, the parties are still free to agree that one of them—usually the seller or purchaser—will assume full responsibility for the entire levy amount.

Buyers should always check with the seller, estate agent, or body corporate whether any special levies any special levies are currently in place and, if so, how much is still outstanding.

JJR Inc. Attorneys

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