Stuck Selling Your Home? Don’t Let ‘Body Corporate Blackmail’ Halt Your Move!
Imagine you’ve sold your apartment or townhouse, and you’re ready to move on, but your Body Corporate is suddenly holding your sale hostage. They’re refusing to give you the essential Levy Clearance Certificate, not because you owe them any money, but for some completely unrelated reason—maybe they don’t like a renovation you did years ago, or they’re trying to force you into settling a neighbour dispute. This frustrating and costly tactic, often called “Body Corporate blackmail,” is unfortunately common and can stop your property transfer dead in its tracks. But did you know this practice is actually illegal? If you’re caught in this situation, it’s vital to know your rights and how to fight back to ensure your sale goes through smoothly.
The Levy Clearance Certificate: A Necessary Evil
You need a levy clearance certificate to transfer ownership of a sectional title property. This document confirms that you’ve paid all outstanding levies to the Body Corporate. Without it, the transfer process grinds to a halt.
The Illegal Practice of Withholding Clearance Certificates
Unfortunately, some Body Corporates misuse their power by withholding clearance certificates for reasons unrelated to unpaid levies. This might include:
- Unpermitted Renovations: If you’ve made unauthorised changes to your unit, the Body Corporate might try to pressure you to rectify the issue before issuing the certificate.
- Disputes with Neighbours: The Body Corporate may use the certificate as leverage in resolving neighbour disputes, even if they are not directly related to levy payments.
- Retaliation: If you’ve voiced concerns or challenged the Body Corporate, they may retaliate by withholding the certificate.
The Legal Implications of Body Corporate Blackmail
Withholding a levy clearance certificate for reasons other than unpaid levies is illegal. The Law Society of South Africa has explicitly condemned this practice. If you’re facing such a situation, you have legal recourse.
Protect Your Rights: Take Action
Don’t let your property become a hostage. If your Body Corporate is withholding your levy clearance certificate unlawfully, consider taking the following steps:
- Consult a Legal Professional: Seek advice from a lawyer specialising in property law. They can assess your situation and guide you on the best course of action.
- Communicate with the Body Corporate: While remaining firm, try to resolve the issue amicably. A written communication outlining the legal implications of their actions can be effective.
- Legal Action: If negotiations fail, you may need to pursue legal action to compel the Body Corporate to issue the certificate.
Don’t Let Them Get Away with It
Body Corporate blackmail is a serious issue that can cause significant financial and emotional stress. By understanding your rights and taking the necessary steps, you can protect yourself and ensure a smooth property transfer.
If you’re facing difficulties obtaining a levy clearance certificate, our experienced team is ready to assist you. We can provide legal advice, negotiate with the Body Corporate, and, if necessary, initiate legal proceedings to safeguard your interests.
Don’t let unlawful practices derail your property dreams. Contact us today to learn more about your rights and how we can help.
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