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!

Bad behaviour at meetings

Member’s question:

Good evening Paddocks team

Is there any provision in the Act that allows for an owner to be barred from a special general meeting for continuous bad behaviour towards the trustees and certain home owners in past meetings.

The owner has a history of verbally abusing the trustees and home owners at these meetings.

The meetings then degenerate into a “free for all”.

How can this be addressed?

Many thanks

Anton’s answer:

Hello

This is not a very unusual situation, sadly.

The chairperson is in control of the meeting and must make sure it can do its business.

If a member is disrupting the meeting to the extent it cannot do its business, the chairperson is entitled to order them to leave.

Sometimes it’s necessary to arrange for a security person, or even the police, to be present to remove a disruptive member.

May the trustees reduce levies

Member’s question:

Dear Paddocks

A Sectional title body corporate have recently installed pre-paid meters.

May the trustees reduce the levies according to the saving on the water expense or;

A) Should the trustees wait unit the financial year end and reduce/calculate the levy with the commencement of the new year;

or

B) Wait until the next AGM and amend the levies thereafter?

Anton’s answer:

Hi

I had to consult with Zerlinda and Carryn on this one!

We all agree, no. The contribution is based on the approved budget and there no provision that allows it to be changed. Working the other way around, the trustees are given the specific discretion to increase the contribution under specific conditions and to raise a special contribution, under specific conditions. There is no provision for reducing the contribution.

Additionally, the alteration of electricity/water payment when separate meters are installed from PQ to actual usage is specifically provided in prescribed management rule 29(3)(b) but prescribed management rule 29(4) and (5) does not.

The now excess part of the contribution can be absorbed into the scheme’s administrative fund and accommodated in the next budget.


Article reference: Paddocks Press: Volume 12, Issue 10, 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 – October 2017 Edition

3 Comments.

  • Hi
    Our complex in douglasdale allows party’s and events to be booked at our clubhouses and I’m in complete shock that this is allowed to happen. I cannot go and use the fascilities when there are functions of 20 – 30 people occupying the swimming pool. I feel it’s against my rights as a levy paying owner. Some advice would be appreciated:) thank you!

  • Hi
    A non-owner was recently voted on as a Trustee. He is acting careless with regards to making decisions to building alterations etc. Is there anything in the Act that can assist the Trustees in regulating him. i.e revoking his right to vote as that is the right of only an owner? Is there any guidelines as to how one restricts the non-owner Trustees rights to certain votes and decisions.

  • LOURENS PETZER
    22/11/2017 10:26

    Dear Paddocks.

    In the past you solved many small problems I had in this small Townhouse complex. I am again calling for you assistance. I am the Chairman of a complex consisting of 6 Townhouses.

    I know what the Law says about the hanging of washing on washing lines and running a business from a Townhouse.

    What am I to do. An owner in this complex notwithstanding numerous requests that their washing be confined to their washing lines they hang their washed bedding underneath a covered shelter and the washing are visible from the street and other townhouses.

    Another aspect is running a business from a townhouse complex. The same owner mentioned in the washing, makes wooden articles in his garage using loud electric machinery. Sometimes he sells the articled made from his townhouse and also sells the articles made at various flea markets.

    Can you please assist me to what I should do to stop this as he does not care about warnings and just keeps on doing things which are are against the Sectional Title Law.

    Could you please assist me in what laws are he contravening.

    Thanking you

    LOURENS PETZER
    CHAIRMAN OF THE BODY CORPORATE