Paddocks Press – September 2020
The September 2020 edition of Paddocks Press is now available.
The benefits of online sectional title meetings
Many sectional title schemes across the country have been delaying their Annual General Meetings due to the COVID-19 lockdowns and resulting limitations placed on gatherings. However, many schemes are making use of various video platforms (such as Zoom) in order to hold their meetings without having to meet physically. While some trustees or managing agents…
Did the Judge and the CSOS Adjudicator get it wrong?
A criticism of the judgment in Kingshaven HOA v Botha Illegal parking in community schemes is often a real problem, and scheme executives need to be able to effectively control parking in the scheme. In the case of Kingshaven Homeowners’ Association v Botha and Others (6220/2019) [2020] ZAWCHC 92, which came to the high court…
Q&A – 2020 09
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! What can owners do to force trustees to call an Annual General Meeting? Member’s question: Good day Paddocks, Please advise what recourse owners have if trustees do not…
Waiving your right to hold an Annual General Meeting
Over the past couple of months, in light of the national lockdown and subsequent Alert Levels, many bodies corporate have expressed their desire to forego the holding of an AGM and to have their members simply approve Annual General Meeting (“AGM”) agenda items in writing via email. While legislation does provide for this, it has…
Working from home in community schemes – Insurance risks
In an interesting discussion in Paddock’s Club recently, the question was raised: May trustees allow or give permission to owners and/or tenants to work from home? Professor Paddock suggested that it is beyond the trustees’ powers under the Sectional Titles Schemes Management Act to allow or give permission to owners or tenants. However, when the…
Q&A – 2020 08
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Can an owner nominate himself to the office of trustee at an Annual General Meeting? Member’s question: Good day Paddocks, Can an owner nominate himself as a Trustee…
Introduction to the POPI Act for Community Schemes
The Protection of Personal Information Act, No. 4 of 2013 (POPI Act) is now in operation, as from 1 July 2020. What does this mean for community schemes such as sectional title developments, homeowners associations and retirement villages? 1. By when do you have to comply with the POPI Act’s requirements? You have one year…
The chairperson’s casting vote
I often get asked whether a chairperson is able to exercise his casting vote at the body corporate’s Annual General Meeting. This question indicates to me that: 1) the scheme needs more information on the casting vote a chairperson is able to exercise in certain circumstances 2) the scheme is probably not counting votes cast…
Q&A – 2020 07
By the Paddocks Club team Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members! Can a trustee become a paid supervisor and remain a trustee also? Member’s question: Good day Paddocks, Can a trustee become a paid supervisor and still remain a…
Steps to streamline community scheme administration
In these unusual Pandemic-tainted times, we need to be smart if we are to ensure the sustainability of our community schemes. In the area of scheme administration, there are seven issues I suggest all HOA, sectional title, retirement development and share block scheme executives should consider, to improve their scheme’s administrative efficiency. Most schemes…
Help for frustrated tenants in community schemes
When tenants complain to the body corporate about the incredibly noisy and disruptive neighbours living in the apartment next door, they are often told to take the matter up with their landlord, as the body corporate and/or managing agent won’t deal with queries from those who are not members of the body corporate. Unfortunately, with…