Village sues businessman
A LOCAL businessman, Jacobus van der Walt, is being sued by a Kimberley retirement village for tens of thousands of rands that he allegedly owes in levies.
The Minerva Gardens Share Title Units (MGSTU) has instituted legal action against Lezmin, a closed corporation, of which Van der Walt is the director.
According to the court papers, Van der Walt is the owner of the frail care units at the retirement village, as well as the laundry, hairdressing salon, the office, lounge, step-down facility and kitchen, a staff tea room and two storage units.
In terms of the Sectional Title Act he is liable for payment of the monthly levies for these units.
The court documents state that Van der Walt has, however, fallen in arrears with the payment of monthly levies and interest in the amount of R84 122.41 for the period October 1, 2017 to December 31, 2017.
The claim is for the payment of the amount owing, as well as interest calculated at 10.5 percent per annum, the cost of the suit, as well as further relief.
The matter will be heard in the Northern Cape High Court on April 16.
According to a statement of his account with the body corporate (MGSTU) dated March 1, 2018, the amount owed by Van der Walt has escalated to just under R500 000.
The ongoing battle between the body corporate and Van der Walt dates back to 2014, following a dispute over electricity, and has seen a flurry of letters from Van der Walt in which he has refused to allow the management or residents to use the boardroom unless a R150 fee is paid, while the hall can only be used at a cost of R500.
Both the facilities are currently locked.
The outstanding money has resulted in the body corporate not being able to meet its monthly commitments, while no maintenance and only emergency repairs can be undertaken.
Owners have been approached and requested to pay their levies up front for a few months in a desperate attempt to improve the cash flow situation.
From December the body corporate was also unable to pay its contribution towards the security while it also indicated that it would in future be unable to pay its full electricity account towards the Home Owners Association (which runs the approximately 108 privately-owned homes at the retirement centre).
“This in return will have a huge did pay after a lengthy court battle.
“This is despite the fact that he charges the people living in the frail care facility an additional R300 to R500 a month if they have an air-conditioner or heater in their rooms,” one resident said.
“If he doesn’t meet his obligations, all the residents living in Minerva Gardens Retirement Village will be affected, as levies will have to be increased to the already cash-strapped elderly to help pay for the daily upkeep of the village.
According to a members of the MGSTU, Van der Walt is obligated to pay levies amounting to R24 874 a month.
“The last payment received, however, was in November 2016 after we received a court judgment for all the outstanding levies.
“This situation affects, everyone,” the member pointed out.
Meanwhile, concern has also been raised about the salaries paid to staff working at the frail care centre, with reports that they are often not paid timeously and sometimes they are only paid on the third of the following month.
Staff members also report that they had received no increase for several years.
Despite assurances from Van der Walt that he would provide comment through his lawyers, no response was received at the time of going to press last night.