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!

Excessive water usage in Cape Town

Member’s question:

Dear Paddocks

Under normal circumstances I would not have posted this question, however in light of the dire water crises in Cape Town, in your view, may a body corporate exercise water-shedding to reduce water consumption in a scheme where the consumption is excessive?

When considering this question also keep in mind:

1) Funds of the scheme may be depleted if the usage continues due to the new rates applicable

2) A 60 day notice for a special general meeting has been issued for the consideration of pre-paid meters

3) Numerous communication has been sent to the resident and owners requesting them to reduce water usage

I will appreciate your view in such a situation.

Anton’s answer:

Good day

The body corporate can’t turn off services as it does not have the right to do so. Only the licensed supplier has that entitlement.

At the end of the day the owners together will have to pay any punitive charges whether they come out of the body corporate’s collected money or perhaps by special contribution.

It’s unfair on owners who are saving water, of course. However, water offenders can be reported to the City.


HOA Security Cameras

Member’s question:

Good day

There is currently a Body Corporate within an Home Owners’ Associations (HOA). The HOA manages security and access control to the estate. The HOA is starting the process of installing security cameras in the estate. They would like to place some of the cameras on the common property of the body corporate.

Will this be something that we need to have approved at the annual general meeting or will the trustees be able to give consent?

The HOA is willing to accept responsibility on the maintenance of the system, how would this be documented.

Looking forward to your response.

Anton’s answer:

Good day

What an interesting situation!

I think it would be worth checking the section 11(3)(b) certificate and the scheme rules in the scheme’s register as well as the memorandum of incorporation/constitution of the HOA just in case there is something specific about the relationship between the HOA and the scheme.

Aside from that, the cameras would be an improvement/alteration of the common property, arguably reasonably necessary, so even though the HOA bears all the direct costs, the processes in prescribed management rule 29(1) or (2) would have to be followed.


Article reference: Paddocks Press: Volume 13, Issue 1, 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 – January 2018 Edition.