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!

Damaged caused by blocked gutters

Member’s question:

Dear Anton,

The body corporate installed gutters at the complex. The gutters are now blocked with overgrowth which caused water seeping into a unit causing damage.

We have advised the trustees that the maintenance of the gutters is their responsibility and that they are now responsible for the repair of the damage, but they disagree.

Please advise whether our advice to them is indeed correct.

Anton’s answer:

Hello,

In terms of section 3(1)(l) and (q) the body corporate is responsible for the maintenance and functionality of the common property.

In terms of section 13(1)(c) owners are responsible for the repair and maintenance of their sections.

But if the section, or the contents of the section, are damaged as a result of body corporate failure to maintain the common property, the owner would have a claim against the body corporate for the reasonable cost of those repairs.

 

Can matters decided at a SGM in terms of Section 27 and Section 27A be revised

Member’s question:

It was decided at a SGM to undertake the transfer of garages to the owners in terms of Section 27.

The surveyor has since increased his costing and the trustees would now like to amend the decision taken to be the allocation of exclusive use of garages in terms of Section 27A to be annotated in the rules.

Can the Trustees change the decision taken at the SGM without having another meeting with all owners.

Zerlinda’s answer:

Good afternoon,

As a unanimous resolution of the members was taken to register exclusive use areas in terms of section 27 of the Sectional Titles Act, a further unanimous resolution will be required to cancel the resolution initially taken by the members. This resolution can be taken either at a SGM or via a process of round robin.

Section 27A of the Sectional Titles Act has been deleted.

The relevant provision creating exclusive use areas in terms of a scheme’s rules is section 10(7) and (8) of the Sectional Titles Schemes Management Act.

Should the body corporate make management rules in this regard, a unanimous resolution will be required, and should conduct rules be made, a special resolution will need to be passed.

 


Article reference: Paddocks Press: Volume 11, Issue 11, 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.

Back to Paddocks Press – November 2016 Edition

8 Comments.

  • Gert A Theron
    23/11/2016 12:40

    Anton,
    Act 8 provides that a person could be represented by a proxy. A proxy may, however, not represent more than 2 owners.
    In larger bodies corporate, like holiday flats at the coast, we find that only 10 to 15 owners attend the meetings. If we could arrange that each of them have two proxies, we can only still represent about 45 of the owners. Yet we require 65 as a quorum as the complex exists of 194 units.

    How do we manage this problem?
    Regards
    Gert

    • Paddocks
      12/12/2016 13:13

      Dear Gert,

      Thank you for your comment. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • Arron Steyn
    01/12/2016 01:14

    Could somebody please advice who is responsible for the cost of the clearance certificate from the Body Corporate for levies when a section in a complex is sold? Is it the buyer or the seller?

    • Paddocks
      12/12/2016 13:15

      Dear Arron,

      Thank you for your comment. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • My levy has become so excessive that I am standing the change of losing my sectional title due to affordability of the levy. We are a small complex with only 13 units. I am a single income family. I have never missed a levy and are not in arrears. Is there anything that I can do? My bond is R8500 and my levy is R3400. I understand that I have to pay according to my PQ.

    • Paddocks
      09/02/2017 09:57

      Dear Gerda,

      Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • Good morning

    I would like some clarity on the following please. Towards the end of last year we held our AGM where it was
    decided to increase the levy by 15%. All of a sudden we are told that the trustees are increasing the levies again next month to have a reserve fund. Can the trustees alone decide a levy increase or should there be a Special
    General Meeting.

    Many thanks

    Pamela

    • Paddocks
      09/02/2017 10:00

      Dear Pamela,

      Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks