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As you know, it is Government’s intention to amend section 37 of the Act. For interest’s sake, and for your information, we set out the Regulations Board resolution in this regard for you as follows:
Definition “special levy”
“Special levy” means any contributions levied under section 37(1) other than contributions which arise from the approval of the estimate of income and expenditure at any annual general meeting of the body corporate, determined as the contribution estimated to be levied upon the owners during the ensuing financial year.
NEW SECTION 37(2A)
Any special levies shall be due on the passing of a resolution to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in court (including any magistrates’ court) of competent jurisdiction from the persons who were owners of units at the time when such resolution was passed.
37(2)
Liability for any contributions levied under any provision of subsection(1), save for special levies, shall (be due) accrue from (and be payable on) the passing of a resolution to that effect by the trustees of the body corporate by action in any court (including the magistrate’s court) of competent jurisdiction from the persons who were owners of units at the time when such resolution was passed. Provided that upon the change of ownership of a unit, the successor in title becomes liable for the pro-rata payment of such contributions from the date of ownership. |