Legal and Property Advice from the Professionals
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be … [Read more...]
A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Lucille Geldenhuys … [Read more...]
A resident of a sectional title complex has approached the Property Poser panel with some concerns about the actions of the trustees. The reader explains that there are ten units in his complex and that three trustees were elected at the last annual general meeting. He asks whether a person who is not a unit owner may be elected as trustee and whether the trustees may, without the owners' … [Read more...]
This week a reader asks the Property Poser experts whether a managing agent is allowed to lead the body corporate of a sectional title complex and give advice. In addition, as a trustee of the complex in which he resides, he is concerned about a situation in which one or two of his fellow trustees are trying to take control. According to Schalk van der Merwe from Rawson Properties … [Read more...]
This week the Property Poser panel deals with a sticky situation relating to the trustees’ responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before … [Read more...]
What role the chairperson of a body corporate plays and the nature of his or her responsibilities are the subject of this week's column. Our experts have been approached by a reader who recently purchased a sectional title unit and was subsequently elected as trustee at the annual general meeting. The group of trustees is quite small, numbering just four members including the chairperson. … [Read more...]
A resident of a sectional title complex, who was fined for non-payment of a special levy, has approached our panel for some expert guidance. In June last year, says the reader, all residents were informed of the introduction of the levy, which would be "payable over the next six months". She also reports that the managing agent confirmed the full payment would be due by December 10. It was … [Read more...]
Our panel has dealt with the calculation of levies in a sectional title complex in a previous article, but, as this week's reader question shows, it remains a sensitive issue. The reader lives in a complex where, over the span of nine years, eight special levies have been authorised. At the last annual general meeting (AGM) an increase of about 40% in respect of the normal monthly levy was … [Read more...]
Our panel has received an e-mail from a frustrated reader who has been experiencing endless problems with a noisy neighbour in the security complex in which she resides. She has also attached an extract of the conduct rules applicable to her complex. In her letter, she states that she has taken the issue up with the chairman of the body corporate, but no action appears to have been taken … [Read more...]
The position of a satellite dish on a unit in a sectional title complex is the topic of this week’s reader question. A tenant has installed the dish, apparently without permission, on the fascia board of his flat and the owner – who says the dish is in the same position as a previous one – refuses to order the tenant to place it in a suitable position. The trustees have ordered the … [Read more...]
Our panel has received an e-mail from a reader who has been a tenant in a sectional title complex for more than three years. She says when she moved in there were no rules that forbade the owning or the visiting of people with pets. Certain members of the body corporate have now decided that her parents, who bring their two small, well-trained Pomeranian dogs along when they visit, may no … [Read more...]
Daar is onlangs herhaaldelik by vandeesweek se leser ingebreek terwyl sy in haar meenthuis was en sy is deur die polisie en ’n sekuriteitsmaatskappy aangeraai om ’n klein hondjie aan te skaf wat by haar in die huis kan bly. Ten einde toestemming hiervoor te bekom, moes sy ’n aansoekvorm invul, wat deur die trustees van die regspersoon goedgekeur moet word. Nog voor die aansoek voorgelê … [Read more...]
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