Participation Quota - Levy Contribution

 

Need Legal Advice?

No Matter What Your Bind We Can Help You


 


 

Participation Quota - Levy Contribution

The participation quota refers to the formula that is used to calculate the section owner's levy contribution in a sectional title scheme. The participation quota determines the owner's undivided share of the common property, and the value thereof.

Before investing in sectional title property, it is important to understand how levies are calculated according to their participation quota.

Some people may argue that there are certain areas included in their participation quota that they do not use. And if they do not use it, why should they pay?

For example, a section owner who lives on the ground floor, and never finds the need to use the elevator, might see it as unfair to contribute towards the repair of the elevator.

The Sectional Titles Act

In the Sectional Titles Act clause 32(1) it states that:

Subject to the provisions of section 48, in the case of a scheme for residential purposes only as defined in any applicable operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law, the participation quota of a section shall be a percentage expressed to four decimal places, and arrived at by dividing the floor area, correct to the nearest square metre, of the section by the floor area, correct to the nearest square metre, of all the sections in the building or buildings comprised in the scheme.”

This means that if the levy of the sectional scheme amounts to R500 000 per annum, at a participation quota of 5 percent, owners will have to pay a levy of R2 083 per month.

When formulating a property investment portfolio, it is important to consider these factors before you sign an offer to purchase.

Van Deventer and Van Deventer Incorporated | Property Law Attorneys in Johannesburg

At Van Deventer and Van Deventer Incorporated, our attorneys guide investors through the process of right properties, by minimising their risk and helping them understand how their participation quota would be calculated.

If you are thinking about purchasing a section in a sectional title scheme, contact us today.

 

[Title]Arrear Rentals and Landlord Rights – Balancing the Tide

The South African property market has been witnessing significant growth, making property investment an attractive option for generating income.

Read More ...
Posted by Cor van Deventer on Wednesday, December 27, 2023 Views: 2114


[Title]When Dishonesty Bites Back - Selling Property

The Property Practitioners Act 22 of 2019 (the PPA) places an obligation on sellers to disclose to prospective buyers whether or not there are defects on the property before the purchaser buys the property. In fact, a disclosure form is now compulsory where the seller must disclose such information.

Read More ...
Posted by Cor van Deventer on Tuesday, November 28, 2023 Views: 808


[Title]Levy & Utility Arrears - A Word for Body Corporate Trustees

The Trustees of a Body Corporate are entitled to launch legal action where the unit owner is not honouring their obligations towards utility accounts and levies. Incidentally, the entitlement flows from section 4 (1) of the Sectional Titles Schemes Management Act 8 of 2011, and Prescribed Management Rule 25.

Read More ...
Posted by Cor van Deventer on Thursday, November 23, 2023 Views: 1267