A tenant at one of the units we manage moved out without settling his electricity account with the Body Corporate. The owner is refusing to pay this account – how do we deal with this?
In the STSM Act the following is stated
Section 3. (1) A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include—
(a) to establish and maintain an administrative fund which is reasonably sufficient to cover the estimated annual operating costs—
- for the repair, maintenance, management and administration of the common property (including reasonable provision for future maintenance and repairs);
- for the payment of rates and taxes and other local municipality charges for the supply of electricity, gas, water, fuel and sanitary or other services to the building or land;
- for the payment of any insurance premiums relating to the building or land; and
- for the discharge of any duty or fulfilment of any other obligation of the body corporate;
(b)to establish and maintain a reserve fund in such amounts as are reasonably sufficient to cover the cost of future maintenance and repair of common property but not less than such amounts as may be prescribed by the Minister;
(c) to require the owners, whenever necessary, to make contributions to such funds: Provided that the body corporate must require the owners of sections entitled to the right to the exclusive use of a part or parts of the common property, whether or not such right is registered or conferred by rules, to make such additional contribution to the funds as is estimated necessary to defray the costs of rates and taxes, insurance and maintenance in respect of any such part or parts, including the provision of electricity and water, unless in terms of the rules the owners concerned are responsible for such costs;