Paddocks Press – August 2020
The August 2020 edition of Paddocks Press is now available.
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…
Paddocks Press – July 2020
The July 2020 edition of Paddocks Press is now available.
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…
Paddocks Press – June 2020
The June 2020 edition of Paddocks Press is now available.
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…
Q&A – 2020 06
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! Selling the unit but not the garage where they are separate sections Member’s question: Good day Paddocks, In a complex where the garages are annotated on the sectional…
Paddocks Press – May 2020
The May 2020 edition of Paddocks Press is now available.
Maximise the chances of recovering unpaid levies
If you have ever been involved in the process of collecting unpaid levies via the civil courts, you will know that this can be a very lengthy and often quite costly process, involving attorneys, the sheriff, various prescribed waiting periods and countless postponements. Once the body corporate finally has its day in court and hopefully…
Authorising the appointment of a managing agent
In my discussions with clients and students alike, I have found that most people are under the impression that the appointment of a managing agent has to be authorised by the body corporate members. Even managing agents appear to be misinformed when it comes to the authority needed to appoint them. Let’s take a closer…