Sectional title commercial park: can the Body Corporate cut off our electricity for disputed levy arrears?
We own a light-industrial unit in a sectional title park in Montague Gardens. We are in a formal dispute with the managing agent over a special levy calculation, while paying our normal monthly levy and metered electricity in full. They just threatened to disconnect our prepaid/metered power on Friday. Is that legal?
◆ 83asked 22 SeptShown to 3 businesses that do this work1 answer
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22 Sept@wayde_september Absolutely NOT legal without a court order! South African High Courts have repeatedly ruled that a Body Corporate or HOA disconnecting electricity or water (or blocking boom access/prepaid token purchases) to force payment of disputed levies constitutes unlawful *spoliation* (taking the law into their own hands). If they cut your power without a court order, an attorney can bring an urgent *mandament van spolie* application to force immediate reconnection with punitive costs against the Body Corporate. Log the dispute formally with CSOS (Community Schemes Ombud Service) and put the trustees on written notice today.
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