Group: HOA Levy Collection

May a Levy-payer legally withhold payment?

No. A Levy-payer (Home-owner) is permitted by law to pay the applicable levy, as well as approved special levies. They can not refuse to pay any levy because they feel…
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May a Levy-payer request a refund of Levies paid?

No. Unless he can prove that the applicable levy (payment) was unlawfully charged for.  (PMR 45)
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Does the payment of levies resort under the National Credit Act?

No, it does not: The (Sectional's Title) Act stipulates an owner's obligation to pay levies; there is no "Credit Transaction" involved A HOA has to pay certain expenses on behalf of…
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Is Section 129 of the National Credit Act applicable?

Not at all. Nor the actual levies, special levies or interest on overdues resorts under this statute. 
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A Levy-payer under Debt Review?

A Lev-payer may not enter the HOA as a creditor. If done, the HOA must summarily enter a request for payment of the outstanding balance.  
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Who carries the cost of arrear collection?

According to Management Rule 31(5): “An owner shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and other charges incurred by…
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Sequestrated or Liquidated Home Owner?

Conflicting High Court cases in the past posed a higher risk on HOA members in the case of liquidation or sequestration of neighbouring owners. Luckily, two recent Supreme Court cases…
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Sale – Holding back of certificate?

Absolutely! The generally accepted ranking of preferred creditors are municipalities first, then HOA’s and then banks holding the mortgage, followed by the rest. Sometimes HOA’s sign waivers in lieu of…
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