Unfair Legal Fees and Poor Conduct by Windsor on Sea Body Corporate and Barry, Botha & Breytenbach Inc

I am a homeowner at Windsor on Sea, Shelly Beach, KZN and pay monthly levies of R1,800. In October 2024, I had arrears of around R4,000. Despite my efforts to make a payment arrangement, the chairperson of the body corporate, Mr. Peter Markson, refused to accommodate me. Instead, the matter was handed over to attorneys Barry, Botha & Breytenbach Inc, and on 19 October 2024, I was served with a demand for R4,960.

Although I was unable to pay the full amount at once, I resumed my levy payments from January 2025 and planned to settle the balance before June 2025. In May 2025, I received a second letter from the attorneys indicating that they had visited my property with the intention of repossession. They admitted the arrears were too minor for such action and advised I settle directly with the body corporate. I informed them I had been making payments and would complete the settlement shortly, which I did that same month.

To my shock, I was then served with a legal bill of R10,526.24. I requested that these legal fees be waived, as I had consistently tried to negotiate payment and ultimately paid off the arrears. I was also not kept informed of the legal steps taken. Ms. Ntsabiseng Botha, who I spoke to, denied knowledge of previous proceedings—yet she was the same person who sent the initial letter and failed to keep me updated between October and May.

At this point, I have no levy arrears, but I am being pressured to pay R10,526.24 or face further legal action. I feel this process has been punitive, unjust, and dismissive of my attempts to resolve the matter in good faith.

I request that the legal fees be waived or substantially reduced. I also urge the body corporate and Barry, Botha & Breytenbach Inc to review their approach, improve communication, and ensure fair treatment of homeowners in future disputes.