This is a wakeup call to all body corporates and managing agents.
The case involves a dispute between ex-spouses who are owners of a sectional title unit and a body corporate regarding outstanding levies. The body corporate claims a subrogated debt from the ex-spouses, which the ex-spouses argue has become prescribed. The court considered whether the ex-spouses, as members of the body corporate, are also part of its governing body for prescription purposes.
The judgment delves into legal interpretations regarding the Prescription Act and the Sectional Titles Schemes Management Act. Ultimately, the court rules in favour of the ex-spouses, declaring that the debt has prescribed. However, additional relief sought by the ex-spouses is not granted. Costs are assigned accordingly.
