Know Your Rights: When Your Body Corporate Threatens to Cut Your Electricity

If you own a unit in a sectional title scheme (like a complex or block of flats), you deal with a Body Corporate—the group of owners and trustees who manage the building. A common and serious problem is when a Body Corporate threatens to cut off an owner's electricity because they haven't paid their fees, called levies.

Here’s a simple breakdown of the rules in South Africa and what you need to know.

What Are Levies and Why Do I Pay Them?

Think of a levy as your share of the running costs for the entire complex. Everyone must pay them.

• What they cover: Levies pay for things like gardening, security, maintenance of shared areas (the pool, hallways, gates), building insurance, and the manager's salary.
• The Law: The Sectional Titles Schemes Management Act (STSMA) is the main law that tells the Body Corporate what it can and can't do. It gives them the power to manage the property but also sets rules for fair play.
• The Problem: If you don't pay your levies, it puts a financial strain on the whole complex. This is the main reason for disputes.

How the Body Corporate Must Deal with Unpaid Levies

The Body Corporate cannot just jump to cutting your power. They have to follow a clear, step-by-step process.

1. Demand and Talk: They must first send you a formal, written letter (a demand) asking for the money. At this stage, you are encouraged to talk to them and try to agree on a payment plan.
2. Enforcing the Rules: If you don't talk or pay, they can use the scheme's internal rules, which may involve:
3. • Adding interest to the amount you owe.
   • Giving you fines for continued non-payment.
   • Reporting you to credit bureaus, which hurts your credit score.
3. Calling in the Ombud (CSOS): If internal efforts fail, they can take the dispute to the Community Schemes Ombud Service (CSOS). CSOS is a government service that is cheaper and faster than court. They will look at the facts and make a legally binding decision on how to solve the problem.
4. Going to Court: This is the last and most expensive step. Only after all other steps have failed can the Body Corporate hire lawyers to sue you for the money. If they win in court, they can eventually get a court order to seize your assets or put a lien on your property.

The Most Important Rule: Can They Cut My Electricity?

The short answer is: NO, they generally cannot just cut your electricity.

It doesn't matter how much money you owe them—the Body Corporate cannot legally cut off your power without a court order.

• Why it’s illegal: Cutting off your power is seen in law as an illegal act called spoliation (pronounced spo-lee-ay-shun). Spoliation means they are unlawfully taking away your access to something you currently have (like electricity).
• Taking the Law into Their Own Hands: The courts have repeatedly ruled that even if you owe money, the Body Corporate is not allowed to "take the law into their own hands." They must use the legal processes (like the ones above) to get their money back.
• Threats are also unlawful: Even just threatening to cut your power because of unpaid levies (without a court order) has no basis in law and could be seen as harassment.

When Can Disconnection Be Justified?

There is only one legal way a Body Corporate can cut your power over unpaid levies:

1. They must have a rule that allows for it, and that rule must be approved by CSOS.
2. Crucially, they must still get a court order that specifically authorises the disconnection.

This is a very high legal bar, meaning it is rare and difficult for them to do.

What to Do If Your Electricity is Cut Off Unlawfully

If your Body Corporate cuts your power over unpaid levies without a court order, you have the right to act immediately:

1. File a complaint with CSOS: This is the fastest and most cost-effective first step.
2. See a Lawyer for Urgent Action: A lawyer can file a special, urgent court application called a spoliation application. This asks the court to immediately force the Body Corporate to switch your power back on.

The bottom line is this: While you are legally required to pay your levies, the Body Corporate is legally required to follow the proper steps to collect the money. They cannot use the essential service of electricity as an illegal weapon against you.

If you have a current dispute with your Body Corporate, or if you are  just interested in knowing your rights, it is advisable to contacvt a lawyer to assist you.