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March 04, 2016

When can a body corporate fine a tenant?


Can you please assist on tenants’ rights in terms of fines being issued by the Body Corporate?

I am able to give you a brief general answer to your query, however if you require more detail or a legal opinion that you are able to rely on with the purpose of taking the matter up legally against the Body Corporate, it will be necessary to consult with our firm. Without knowing the facts and circumstances of this specific matter this general opinion cannot be utilised.

The Body Corporate is entitled to fine an owner for the misbehaviour of his/her tenant only if specific provision is made for the imposition of fines in the Conduct Rules, which must be duly registered at the Deeds Office. The provision in the Rules for fining must be reasonable, fair and in line with the Constitution and the Promotion of Administrative Justice Act.


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