By The Paddocks Club Team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Use of units as “self catering”

Member’s question:

Good day Paddocks team,

According to rule 68 (ii) “…..or the carrying on of business in the building”.

We received a question from an owner who would like to use two of their units at a new development as “self catering” units for guests.

Is “self catering” classified as carrying on of business or seen as normal renting of units?

Your opinion in this regard is appreciate.

Anton’s reply:

Hi

In a residential building, sections used as self catering accommodation are not being used as business premises.

But if the owner used a section as an office from which to organised the self catering rentals, that would probably be classified as carrying on a business.

 

How many occupants per house or flat?

Member’s question:

Good day,

During a trustee meeting, an owner present was advised that he was not allowed to speak at the meeting. He then objected to the body corporate manager being allowed to answer questions from the trustees on the grounds that he, the manager, is not an owner.

The manager is in the full-time employment of the body corporate.

Kindly shed some light on this matter.

Thank you in advance.

Anton’s answer:

Hello

I’m assuming this is a recent event – subsequent to the change to prescribed management rule 15, and that the owner was present by invitation.

Prescribed management rule 15(5) does not mention speaking, only the invitation. There has been some speculation on the discussion  forum about invited owners speaking at the trustee meeting.

Since no mention is made in  the rule, it seems the owner being allowed to speak is at the discretion of the chairperson.

Equally, the chairperson can invite other visitors to speak. It makes absolutely no sense for the body corporate manager to be at the trustee meeting except to speak!


Article reference: Paddocks Press: Volume 10, Issue 10, Page 4.

Professor Graham Paddock, Anton Kelly, Carryn Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – October 2015 Edition.