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!

Transfer when levies are outstanding

Member’s question:

Hello,

A special levy was raised and the resolution was signed by the Trustees on 30  September. One of the units was transferred to a new owner on 1 October. The transferring attorney was not notified in time of the special levy, so the sellers share was not collected.

The seller is definitely liable for the special levy, but how can that money now be recovered – other than asking him very nicely.

Anton’s answer:

Hello

Of course the problem is that the clearance certificate was issued.

What about the trustees seeking a directive from the owners. One would have to balance the loss to the scheme with the potential costs of trying to extract the money from an ex-owner.

 

Code of Conduct trustees

Member’s question:

Good Day,

What rules governs trustees?

Thanking you

Anton’s answer:

Hello

Section 39(1) says the trustees perform the functions and have the powers of the body corporate (subject to the directives and restrictions of the owners).

Prescribed management rules 4 – 14 deal generally with the appointment and tenure of the trustees.

Prescribed management rules 15 – 24 provide for their meetings and decisions.

Prescribed management rules 25 – 49 deal with what they must do specifically.

There are many other references to trustee functions in the Sectional Titles Act and other parts of the prescribed rules.

 

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Article reference: Paddocks Press: Volume 11, Issue 08, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa 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.

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