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Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)

15. Recovery from owners of unsatisfied judgment against bodies corporate and non-liability of bodies corporate for debts and obligations of developers



a) If a creditor of a body corporate has obtained judgment against the body corporate, and such judgment, notwithstanding the issue of a writ, remains unsatisfied, the judgment creditor may, without prejudice to any other remedy he or she may have and subject to paragraph (c), apply to the Court which gave the judgment, for the joinder of the members of the body corporate in their personal capacities as joint judgment debtors in respect of the judgment debt.
b) Upon such joinder, the judgment creditor may recover the amount of the judgment debt still outstanding from the said members on a pro rata basis in proportion to their respective quotas or a rule made in terms of section 10(2).
c) Any member of the body corporate who has paid the contributions due by him or her in terms of section 3(1)(c) to the body corporate in respect of the same debt prior to the judgment against the body corporate may not be joined as a joint judgment debtor in respect of the judgment debt.


2) No debt or obligation arising from any agreement between the developer and any other person is enforceable against the body corporate.