SectionalForum - Sectional Title Discussion and Resources

	How Much Legal Costs are Recoverable by a Body Corporate from an Owner Thursday, December 08, 2011 12:00 | Views : 137 The attorney leans back at the head of the table with the Trustees gathered around him. The Trustees furiously ask the attorney “why can’t we charge the owner the legal fees... Read More »
The maximum interest rate that a Body Corporate can charge Friday, October 21, 2011 04:00 | Views : 300 The next demand that the Chairman makes to the Attorney is – What is the maximum interest rate Read More »
To Cut Off the Electricity or not to Cut Off the Electricity Thursday, September 01, 2011 12:00 | Views : 404 The Chairman sits firmly planted in his chair furious about levy defaulters not paying their le Read More »

	Forum	Topics	Posts	Views
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Latest Posts
	Legal Advice - I reside in a townhouse complex, my neighbour hangs a cage with 2 budgies outside her lounge sliding door. My unit is very close by. the budgies tweet constantly the whole day, the noise is driving me crazy, what legal rights do I have to request the neighbour to remove the cage to the other side of her unit, plus, having budgies in a complex, is it legal, what if the neighbour refuses to remove the budgies, what are my rights? Help Regards tweeting crazy!! Last Updated: Thursday, January 26, 2012 07:41
	Legal Advice - Hi All, We have two new owners whom moved into our complex with more than the stated amount of pets, in this case dogs. Both new owners stipulate that they were not made aware of the rules before they moved in. On contacting the previous owners both state that the rules were clearly stated before signing of purchase agreement. Our rules state that any purchasing agreement or lease agreement must contain the complex rules. The estate agents are also stating that the new owners were made aware of the rules. We have given written notice to both parties requesting that dogs are removed to comply with complex rules, we have even offered a comprimise that the number is decreased (all be it above the stated numbers in the rules) there has been no action taken by them, we have sent three written communications stating what is required and spoken to them numerous times. On the last time I was informed that they will not get rid of their pets! So what can be done? the issue here is that it will become problematic to control the rest of the rules if no closure is met, any advice would be more than welcome. Last Updated: Thursday, January 26, 2012 10:58
	Legal Issues - Can the trustees by themselves just give a part of common property away to another owner? As far as I am aware is that the owners in the complex must give permision for this at a special meeting. I recently found out that the one trustee in my complex just gave a peace of common property to my neighbor, it was never discussed or non of the other owners gave persmission for this, What can we do about this. Last Updated: Wednesday, January 25, 2012 03:26
	Legal Advice - Can the trustees by themselves just give a part of common property away to another owner? As far as I am aware is that the owners in the complex must give permision for this at a special meeting. I recently found out that the one trustee in my complex just gave a peace of common property to my neighbor, it was never discussed or non of the other owners gave persmission for this, What can we do about this. Last Updated: Tuesday, January 24, 2012 01:35
	Legal Advice - Hi, in one of the 3 bedroom units live the son of the owner and 3 other individuals, i.e. the son sleeps in the main bed room, two live in the other 2 bedrooms and the third sleeps in a living room converted into a bedroom. The two bed rooms plus the converted living room are rented out. Apart from the loud music and even louder talking, are there any statutory or general rules regarding a commune? Kind regards. Dieter Last Updated: Saturday, January 21, 2012 02:09
	Legal Advice - Hi, previous emails refer. The extension to create a living room and sanitation facilities for 2 servants on top of the garage was rejected by the B/C. At a recent trustee meeting he stated as a matter of fact that he is going to sacrifice halve his garage by putting in a ceiling and a dry-wall for the 2 servants to live in. Does this contravene section 68.(1)(i) of the management rules or can he do with his garage as he pleases? Regards Dieter Last Updated: Saturday, January 21, 2012 02:02
	Budget - What is disturbing about Gerhard's post is that the notice of the AGM had been sent out without the budget. Reading his post, and if the trustees' / MA's explanation is accepted, it would seem that the situation was somewhat of an emergency and that the 10% increase probably would not be sufficient to cover the amount due to the muniscipality for water. Assuming that the trustees were unable to make a suitable payment arrangement with the municipality, the answer would obviously have been the imposition of an appropriate speciel levy, rather than to attempt to raise the 'interim' levy by more than the allowed 10% Tertius Last Updated: Thursday, January 19, 2012 12:39
	Legal Advice - In my view, the first option would be to request attendance at the next trustee meeting as owner (no vote, but may speak - refer PMR 15.5) and to voice concerns, which should also be tendered in writing. Minutes of said meeting should record the concerns for future reference. Should the situation still continue, an owner/s can call on prescribed management rule 53. In terms of aforesaid, "the trustees may whenever they think fit and shall upon a request in writing made either by owners entitled to 25 per cent of the total of the quotas of all sections or by any mortgagee holding mortgage bonds over not less than 25 per cent in number of the units, convene a special general meeting. If the trustees fail to call a meeting so requested within fourteen days of the request, the owners or mortgagee concerned shall be entitled themselves to call the meeting". My recommendation would be to obtain the required approval from members / owners (25% as per above) and to request trustees to call special general meeting with a view to re-elect trustees. Should they not concur, the owner applying can call the required meeting with notice to owners. I would also reccommend that reason for the meeting be disclosed in agenda to ensure maximum owners representation. Should the trustees action be having a serious financial impact on the scheme and if they are unwilling or unable to properly manage and administer the scheme in accordance with the Act and the scheme's rules, application can be made for an administrator to be appointed in terms of section 46. This is however rarely the best option to follow, unless no other avenues are available. Last Updated: Tuesday, January 17, 2012 08:21
	Legal Advice - What can you do if the Trustees is acting outside the sectional title act. What action can you take? Last Updated: Tuesday, January 17, 2012 06:55
	Legal Advice - From the details provided it is unclear as to whether a general meeting of owners were called to elect office bearers (trustees). It is also not mentioned whether an agenda was distributed prior to the meeting with 14 days notice indicate the reason for meeting and whether minutes were distributed thereafter. The election of trustees are done annually at the AGM and new trustees should therefore have been alected at the 2011 AGM. Should the elected trustees not be functioning as a result of non functioning trustees, the only basis on which re-election of trustees can be enforced is on basis of a special general meeting (other than AGM). In this scheme of 11 units, the quorum requirement would be 35%, being 4 owners in person or by proxy. From information provided it is not clear if proxies were obtained. In any avent, the legally elected trustees have the power to appoint a managing agent. In my view, should the procedural / legal nature of process be in dispute, an owner/s can call on prescribed management rule 53. In terms of aforesaid, "the trustees may whenever they think fit and shall upon a request in writing made either by owners entitled to 25 per cent of the total of the quotas of all sections or by any mortgagee holding mortgage bonds over not less than 25 per cent in number of the units, convene a special general meeting. If the trustees fail to call a meeting so requested within fourteen days of the request, the owners or mortgagee concerned shall be entitled themselves to call the meeting". My recommendation would be to obtain the required approval from members / owners (3 would be required) and to request trustees to call special general meeting with a view to re-elect trustees. Should they not concur, the owner applying can do the neccessary with 14 days notice to owners. It would be essential in this instance not to boicot meeting, but to be present to ensure that the proceedings are legitimate. Last Updated: Monday, January 16, 2012 12:35

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