deceased estate . The Executor of a deceased estate , acting in the best interests of that estate , could attend general meetings , participate in discussions , and vote on matters as if he or she were the registered owner of the property .
The Executor is responsible for fulfilling any outstanding duties that the deceased owner may have had as a scheme owner . These commitments might include finishing any physical improvements to the property , such as an addition to the section or a redesign of an exclusive use area .
Other responsibilities could include participation in Body Corporate decisions , particularly those that could have an impact on the unit ’ s value , like voting in a resolution to approve an enhancement to the common property or a change to the scheme ’ s regulations . During this time , the Executor would be liable for any debts that the owner could have accumulated , including paying any fines or special levies that might have been in effect as well as the monthly levy . Under these circumstances , the payment of special levies is an interesting point .
The owner of the property in a sectional title at the time the trustees adopt a resolution imposing a special levy is liable for paying that special levy . Where normal levies become the responsibility of a new owner when the property is sold under normal circumstances , a special levy remains the responsibility of the original owner of a deceased estate . This means the Executor is responsible for paying the balance of the special levy from the funds within the estate unless a written agreement is signed by the new owner to accept responsibility for payment of any contributions as from the date of transfer .
SA Real Estate Investor Magazine SEPTEMBER 2022 77