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Tenants - Part 2 of 2

In our last newsletter series we looked at tenants and who is responsible for their behaviour.

In this newsletter, we will look at tenants and frequently asked questions relating to tenants.

There are 3 questions that are frequently asked:

Can a tenant be a trustee?

The answer is yes, provided that he/she meets all the other requirements set down in the management rules for a person to serve as a trustee.

In addition, he/she must not be the managing agent of the body corporate or an employee of either the managing agent or the body corporate itself.​

Can a body corporate take legal action to evict a tenant for being a nuisance in the scheme, or not abiding by the rules?

The answer is no, unless the body corporate owns the unit concerned and is the landlord - in this case there is a contractual relationship between the body corporate and the tenant.

Only the owner of the rented property has the right to take legal action to evict his tenant subject to the provisions of the Prevention of Illegal Eviction Act 19 of 1998, applicable to residential properties only.

Can a tenant apply to CSOS for assistance if he has a dispute with a body corporate? Yes he can. Any person who is party to or materially affected by a dispute relating to the administration of a body corporate (or any community scheme), which includes the occupant of a unit can apply to CSOS for intervention and assistance. In the next newsletter we will look at the enforcement of rules in a scheme.

Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title

Johannesburg | Durban | Cape Town | Bloemfontein | Port Elizabeth | Pretoria

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