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!
Special general meetings
Can a special general meeting be held with less than 30 days notice if all owners are in agreement.
If you mean shorter than 30 days notice of a meeting at which a special or unanimous resolution is to be considered, then yes, prescribed management rules 15(7)(a) applies.
If the matter is urgent, is not a special resolution to approve an improvement to the common property that is reasonably necessary or to approve the installation of pre-paid meters, the trustees can call the meeting with as little as 7 days notice.
Exclusive use levies
Dear Paddocks team
A complex does not have a separate levy for their exclusive use area. All the units are the same and they only have one levy.
They have a gardener that attends to the common property and the exclusive use area. One of the owners have now sent a letter to the trustees requesting that her levy be reduced as she is not happy with the gardener and does not want him in her exclusive use area.
How should handle this, as all the other owners seem to be happy with the gardener.
In terms of section 3(1)(c) of the Sectional Titles Schemes Management Act, the body corporate (trustees) must require the owners of sections entitled to the right to the exclusive use of a part/s of common property (registered or rule based) to make an additional contribution to the administrative and reserve funds of the body corporate.
The body corporate, in terms of section 3(1)(l) of the Sectional Titles Schemes Management Act, is responsible to maintain and repair the exclusive use areas, but the owner, in terms of section 13(1)(c) of the Sectional Titles Schemes Management Act, must keep the exclusive use area in a clean and neat condition.
An owner cannot be excluded from contributing towards a body corporate expenses, unless the process as set out in section 11(2) of the Sectional Titles Schemes Management Act is followed.
In your situation, the owner must keep her exclusive use area clean and neat, but she must still contribute towards the expenses associated with the exclusive use area, in the form of an additional contribution
Article reference: Paddocks Press: Volume 12, 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.
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