HORRIBLE EXPERIENCE AT WILDTUIN PARK ESTATE - ERF 90 (UNJUST ENRICHMENT)

Hi, Please see email i have sent to them regarding this matter.

"Dear Tania,

I trust this message finds you in good health. I am reaching out to express my deep disappointment in the recent developments involving Wildtuin Park HOA, ASI Property, and your presumed role as a Portfolio Specialist. If an amicable resolution is not achieved by both parties (HOA and ASI), we may have no choice but to escalate the matter to the relevant governing bodies for intervention.

As previously discussed, I want to reiterate my concern about the application of laws and the reliance on what appears to be an "******** verdict" from Paddock's article. Applying laws based on someone’s articles that haven’t been promulgated by any act or laws in SA relies on personal opinions rather than the law itself. For now, let us prioritize the law over opinions. It is crucial that our primary focus remains on the Memorandum of Incorporation (MOI), which currently lacks explicit provisions regarding the transfer of penalties from one owner to another. Let's interpret Clause 28.8 without introducing any confusion:

Clause 28.8 outlines the following:

28.8 The owner is subject to the following specific rights and obligations in respect of the Company:

28.8.1 The owner must erect buildings on his property, to the reasonable satisfaction of the Company, within three years of the first registration of the property or within such extended period as the Directors, in their sole discretion, may determine.

Nowhere in the MOI does it specify that the new owner is obliged to assume the debt of the previous owner. Enforcing such a provision seems impractical and raises concerns about fairness and reasonableness.

In the property transfer process, it is customary for attorneys to request clearance figures from the estate. Subsequently, it becomes the sole responsibility of the HOA and Portfolio Manager to ensure accurate figures are provided before the property is transferred to the new owner. The apparent lack of concern regarding the transfer of debt from the previous owner to the new owner raises questions about either a lack of understanding of the matter or the potential for unjust enrichment. Although the above clauses raise concerns, it was the responsibility of ASI to provide us with true and correct clearance figures. Failure to do so should not shift the burden to our client for errors made by ASI in providing our Transferring Attorney with the wrong figures.

Our intention is not to seek any favours in this matter. Instead, we strongly urge all parties involved to let common sense prevail and adhere to the right course of action.

We kindly request that you address and resolve this matter urgently. If not, we may be compelled to report the issue and potentially take legal action against the estate or ASI for failing to adhere to ethical conduct. The extended duration of this matter, despite your awareness of the correct process, raises concerns about the company's practices. We may also seek intervention from governing bodies regarding consumer protection and fair business practices, as we believe there are potential violations of our client's (homeowner) rights under the Property Practitioners Act.

We trust that a swift and fair resolution can be reached to maintain the integrity of all parties involved."