HOA – ARREAR LEVY COLLECTION
Kredcor specialises in the pre-legal recovery of overdue levies and other relevant dues on behalf of HOA’s.
This is done on a strictly No Success, No Fee basis. We collect the payments directly into youraccount.
We strive to work with HOA’s in firstly recovering long overdue levies, and then to maintain a low outstanding rate. After the initial efforts to get the bulk, if not all of the arrears into your bank account, our perceived continuous presence leads to a renewed awareness with your owners to keep their payments coming and up to date, in order to avoid possible action from us, and incurring further costs.
Advantages of using Kredcor
- None whatsoever up-front, contractual- or any other costs payable by the HOA.
- We collect into your bank account; you get your money immediately.
- Saves you time and energy, freeing up your resources.
- Quicker collection turn-around time. Gets you paid faster than you have to pay out.
- We take the strain off you having to “fight” with the bad/slow payers.
- Dramatical decrease of your outstanding Debtor’s days.
- Our continuous involvement leads to continuous better behaviour of your levy-payers.
- You save on legal costs, and again… time.
Your Image & Good Name
- Kredcor has an impeccable track record and name in the Industry
- Registered with ADRA as well as The Council for Debt Collectors
- We act strictly and without fail according to any & all specifications and restrictions of all relevant laws
- Kredcor is, amongst others, on the Debt Recovery Panels of ABSA, Wesbank, Mercedes Benz, SAPOA, UPS… and it requires a continuous effort of excellence and good governance to stay there!
- We “administrate” your arrear accounts… we do not just collect!
- We act professional, ethical and with integrity and yes, friendly, under all circumstances
We at Kredcor realise too well the essential role levies play in the day-to-day running of your estate. Levies are calculated with all owners in mind, and having some of them not contributing on time can be detrimental to your operation!
QUESTIONS & ANSWERS
Can an owner legally withhold a levy payment?
An owner can not legally withhold payment to ‘set-off’ a debt he believes is owed to him by the HOA.
It is not allowed to “set-off” one debt for another. That can only be permitted once a matter has been adjudicated by an arbitrator or ruled for by a judge. An owner cannot decide to set-off what he considers to be the amount of his claim against the body corporate by withholding his levy payments.
He is obliged to continue paying his levies and must attempt to recover the money owed to him by the HAO as a seperate matter. He is off course free to follow the legal channels of litigation or declaring a dispute under PMR 71 and take the HOA to arbitration.
Can a owner re-claim levies paid to a HOA?
An owner cannot lawfully request levies to be refunded to him, unless he can prove that a part or whole of the levies were levied unlawfully by the HOA. (PMR 45)
Is the collection of levies an incidental credit agreement according the National Credit Act?
The answer is no, because:
- It is not a credit Transaction; it is stipulated by the Act.
- The HOA is just recovering budgeted-for expenses it has to pay according to the Act.
- The HAO is no Credit Provider and the owner not a consumer.
- There is no “Agreement” between the 2 parties; it is a legal Agreement governed by the Act.
- Interest is paid in conjunction with the Act (Management Rule 31 (6); not as per agreement.
Does a HOA have to comply to the provisions of Section 129 of the NCA (National Credit Act)?
No. This statute is not applicable to levy collections, nor arrear levy collections.
What happens when an owner goes under Debt Review?
He can not include the HOA as a creditor, due to above reasons. A HOA should oppose this.
Who is liable for the cost of collecting overdue Levies?
Management Rule 31(5) provides that “An owner shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and other charges incurred by the body corporate in obtaining the recovery of arrear levies, or any other arrear amounts due and owing by such owner to the body corporate, or in enforcing compliance with these rules, the conduct rules or the Act.”
What happens in the case of liquidation of an owner?
Conflicting High Court cases in the past posed a higher risk on HOA members in the case of liquidation or sequestration of neighbouring owners. Luckily, two recent Supreme Court cases changed that, and lead to collections in these cases to be much easier.
In short, when an insolvent owner’s estate is sold, the HOA can block transfer to the buyer until the arrear levies are paid. The arrears, held the Court, have to be paid to the HOA as a “cost of realisation of the property” – in other words, before bondholders and other creditors are paid. If the sale price is high enough, the HOA will be paid in full before preferential creditors are paid.