Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 300.00
Can a property in Seychelles be auctioned if we are behind in our levies. Also are we as South Africans protected in other countries under the POPI ACT if the Management Association has divulged this information to prospective prospective rental or purchase person/s. This has hampered the sale and re talk of said property.
Answer to the Question
Hi there and thank you for your question,
Before a property can be sold, it would need to be attached by the sheriff of the court acting under a writ of execution, which would be issued following a judgment that the bank (or the credit provider) obtains against you. The same thing applies for any other creditor, like a body corporate.
A summons would typically be issued, which would be served on you. This is where most banks catch you out, because the summons would be served on the "domicilium" address, which is 9 times out of 10 the property. That means that if you use the property as a holiday house (by way of example) and you live in South Africa, you might never actually find out about the summons! That then means that a default judgment would be granted against you, and a writ of execution would follow, and before you know it - your property is on auction.
So yes, a property in Seychelles be auctioned if you are behind in your levies. You could check the rules / constitution of the body corporate to see if they have followed the right processes for the recovery of the levies, but they probably did everything right.
Q: Also are we as South Africans protected in other countries under the POPI ACT if the Management Association has divulged this information to prospective prospective rental or purchase person/s. --> No, the POPI Act is a South African Act and only applies here. I don't know if there is similar legislation in the Seychelles.
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