Harassment of your neigbors in a Sectional Title Scheme may end you up in jail or out of pocket.
The Court comes to the rescue of harrased neigbors.
Louwrens Koen Attorneys represented the Body Corporate Applicant.
The owner of a sectional title unit harassed the board of trustees in his complex to such an extent that they obtained a court order prohibiting him from raising complaints, objections and the like with the trustees in any way other than through written communication to the secretary of the body corporate.
Undeterred, he breached this order on at least 3 occasions, threatening for example to remove the trustees’ roof tiles (so that, he said, they could feel what it feels like to live in a unit with roof leaks), and aggressively objecting to the way a trustee was painting some plant pots. It couldn’t have helped his case that the female trustees on the board seem to have borne the brunt of these attacks, and to have felt physically intimidated on at least one occasion – as evidenced in the quoted evidence above.
Holding the owner to be clearly in contempt of the original court order, the Court sentenced him to 6 months’ imprisonment. It suspended this sentence for 5 years on condition that the owner “does not harass or contact any member of the Board of Trustees personally, but must address all communication regarding complaints, grievances, proposals or commentary to the secretary of the applicant in writing”.
A final order is granted order granted on 18 September 2014;
"The respondent is sentenced to a period of imprisonment of six (6) months which is suspended for five (5) years on condition that the respondent does not harass or contact any member of the Board of Trustees personally, but must address all communication regarding complaints, grievances, proposals or commentary to the secretary of the applicant in writing."
About the Author
Louwrens Koen was admitted as an Attorney in 1995 after completing his Blc LLb degrees from the University of Pretoria. He is also an admitted Conveyancer, Notary Public and University Guest Lecturer.