Q: I received the following letter from my body corp. What is the ruling from a shariah point of view?
The Trustees have noted an increasing number of incidents where carpets, rugs, mats and other items are being hung over balcony railings and common property walls to dry.
This practice must cease immediately, as it results in staining, dirt marks and damage to the appearance of the common property walls, negatively affecting the overall aesthetic of the scheme.
Owners and residents are reminded that common property must be kept clean and maintained at all times. No items may be hung, draped or placed over balcony railings, walls or any other visible common property areas for drying purposes.
Effective immediately, any resident found contravening this rule will be subject to a fine of R250.00 per occurrence. The fine will be raised directly against the owner's levy account.
Owners are responsible for ensuring that their tenants, occupants and visitors comply with the conduct rules of the scheme. Landlords are therefore requested to forward this notice to their tenants and ensure that they are made aware of the above requirements.
Your cooperation in maintaining the appearance and standards of the complex is appreciated.
A: It is not permissible for the body corporate to impose this fine upon the owners of the flats (whether they are the people residing in the flats or they have tenants). Since they own the flats, they can hang clothing on the balcony if they wish.
This fine is not recognized in Shariah and hence it is regarded as Riba (interest).
And Allah Ta'ala (الله تعالى) knows best.
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