{"id":10976,"date":"2025-04-23T11:08:03","date_gmt":"2025-04-23T09:08:03","guid":{"rendered":"https:\/\/dotnewsconnect.co.za\/law\/?p=10976"},"modified":"2025-04-23T11:32:41","modified_gmt":"2025-04-23T09:32:41","slug":"can-a-body-corporate-cut-the-power-its-complicated","status":"publish","type":"post","link":"https:\/\/dotnewsconnect.co.za\/law\/2025\/can-a-body-corporate-cut-the-power-its-complicated\/","title":{"rendered":"Can a Body Corporate Cut the Power? It\u2019s Complicated"},"content":{"rendered":"\n
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\u201cA body corporate\u2019s lot is not an easy one.\u201d (With apologies to Gilbert and Sullivan)<\/p>\n<\/blockquote>\n\n\n\n

One of a body corporate\u2019s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a little easier after a recent High Court ruling which authorised a body corporate to cut off an owner\u2019s electricity for failure to pay his consumption charges. <\/p>\n\n\n\n

\u201cThe pandemic made me do it\u201d<\/h6>\n\n\n\n

An owner of an apartment in an 86-unit sectional title scheme in Sandton fell into arrears in 2021. Two years later he owed a total of R107,940 \u2026 R16,610 of which was for unpaid electricity charges. <\/p>\n\n\n\n

The body corporate sued him, asking the High Court not only for a monetary judgment but also for authority to cut off his electricity supply pending payment. It pointed out that the scheme pays Eskom for its electricity and then invoices unit owners for consumption recorded on their individual meters. That put all owners at risk of being cut off by Eskom if the body corporate was unable to pay its monthly account. <\/p>\n\n\n\n

The owner admitted owing the amount claimed, which he said had resulted from a loss of income as a result of the Covid-19 pandemic. He offered to pay off the arrears in instalments of R8,000 p.m. and opposed the application to cut his power on constitutional grounds.<\/p>\n\n\n\n

The Court authorised the body corporate to disconnect the owner\u2019s electricity supply until he pays the portion of the arrears relating to electricity.<\/p>\n\n\n\n

How the body corporate won \u2013 follow this recipe<\/h6>\n\n\n\n

As the Court put it: \u201cThere is tension between competing interests in this matter: the right of the Body Corporate to be reimbursed for payments made on behalf of the unit owners and the right of the owner to be supplied electricity.\u201d<\/p>\n\n\n\n

In other words, it wasn\u2019t a foregone conclusion that the body corporate would automatically succeed here. So don\u2019t just assume that you now have carte blanche to force payment of arrears by cutting off electricity. <\/p>\n\n\n\n

Rather follow the recipe for success that worked for this body corporate:<\/p>\n\n\n\n