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!

Chairperson Concerns

Member’s question:

Please inform us of the following:

1. Can the Board of Trustees charge going rate interest on overdue accounts?
2. Can The Board of Trutees change the conduct rules without the owners voting on this at either a general or annual general meeting?

Anton’s reply:


1. Prescribed management rule 31(6) allows the trustees to charge interest on overdue amounts. They can set the interest at any reasonable rate.

2. No, amendments and new conduct rules can only be authorised by a special resolution of the body corporate and only become enforceable when they are properly lodged in the scheme’s register at the Deeds Office – Section 35 has the details.


Use of pool area by children

Member’s question:

Good afternoon

The access gate to the pool from outside the complex has a padlocked entrance to the pool and the pool area. It also has an entrance from within the complex which can be accesses during the day. This day access is the access mostly used by owners and rentals.

My question concerns the use of the pool by children from owners and their friends. These kids are younger than 10 years of age and are not accompanied by an older person.

The scheme is worried about the safety of these children and their friends as well as the body coporate’s accountability in case of an accident.
1. We would now like to include a rule regarding the use of the pool by unaccompanied minors
2. At what age can children use the pool legally without supervision?
3. Can we make a rule that all visitors using the pool must be at all times be accompanied by one of the owners/rentals of the unit concerned

Can you please advise?

Anton’s answer:

Good Afternoon

1. Yes, certainly. That would be a reasonable and necessary rule.

2. I’m not sure. The legislation regarding pool fencing is local municipal bylaw, as far as I know. Perhaps checking the bylaws would help establish a realistic age for unsupervised pool use.

3. Yes, that would be reasonable. In terms of  prescribed management rule 69 owners are responsible to ensure compliance with the scheme rules by their family, guests, etc.

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

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 – April 2016 Edition.