GEORGE NEWS - Two retirees who bought life rights on a home in the Blue Mountain housing estate appeared in the George Magistrate's Court on Thursday 21 November for arrears in levy moneys which they are disputing and refusing to pay.
The 75-year-old Roberto Buson and his wife live in the retirement village in the estate where they bought life rights on a house in 2013. The Busons say that just over a year after they took possession of the property, the Blue Mountain Carenet Retirement Estate Property Owners Association replaced a monthly nursing levy with the 'Eden frail care medical levy' of more than double the initial amount.
Buson alleges this is in violation of the terms of his life rights agreement. But, the association maintains that the determining of the medical levy was made in terms of the applicable rules.
When Buson could not get his complaint resolved by Blue Mountain management, he turned to the Community Scheme Ombud Services (CSOS). The ombudsman found in favour of the developer.
Buson then took the matter to the Small Claims Court, which found the matter too complex to render a verdict and referred it back to the parties to be instituted in the appropriate court.
Buson's subsequent application for a review was dismissed with costs by the High Court. The matter was subsequently issued out of the George Magistrate's Court.
The association is now holding him liable for their legal costs as well as arrears in levies and interest.
In court last week, the plaintiffs requested a postponement to amend their particulars of claim.
Buson, who represented himself, stated in court that he had pointed out these mistakes to the plaintiffs in January / February this year.
"I think they had ample time to change the particulars. They did not have to wait till trial to notice that they had made a mistake. I am 75 and turning 76 shortly. My mental ability to defend myself does not improve with time," he told the court.
Magistrate DC Torlage granted the plaintiffs' request for a postponement and amendment and referred the case for a pre-trial on a date that is to be determined.
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