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!

Fines for not adhering to rules

Member’s question:

Hi Anton,

In our new conduct rules which we have to approve on 27 March – the fines will be instituted “At the sole discretion of the trustees”.

This cannot be correct – surely the amount of fines should be specified in the rules?

Anton’s answer:

Hi there,

You are correct, that rule is not reasonable and, as far as I’ve heard, would not be approved by the Community Schemes Ombud Service (CSOS).

A fining rule must include due process (an opportunity for the “culprit” to explain their breach of the rule) and should stipulate the amounts of the fine for every transgression mentioned in the rule.

I have heard also that the CSOS wants a fining rule to provide that the members adjust the amounts at the Annual General Meeting.

The members don’t have to approve anything the trustees put in a proposed rule.

 

Visitor’s parking

Member’s question:

Hi Anton,

In our conduct visitor’s parking is not mentioned. These are locked and we have to run around looking for keys from trustees – who at times are not home.

Are we as owners within our rights to ask for a key to the visitor’s parking.

Anton’s answer:

Hi there,

That would defeat the purpose of having the bays locked. But there should be an easy and quick way of getting the bays unlocked.

Locking the bays is only reasonable if there is a history of improper use that results in real problems for someone.

 


Article reference: Paddocks Press: Volume 13, Issue 3.

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 – March 2018 Edition.

5 Comments.

  • KAREN MILES
    28/03/2018 11:01

    What about CSOS being able to find Trustees and Managing Agent guilty of fraud, dishonesty, maladministration and neglect.

    • Peter den Hartogh
      29/03/2018 21:22

      Dear Paddocks,
      I have a situation that looks like the 2016 Trustees and Managing Agent are guilty of fraud, dishonesty, maladministration and neglect.
      I have sent CSOS a brief detailed form on Friday 23 March , but I have not heard anything.
      Do you think I should rather work with Paddocks legal advice? This is rather urgent as the offending Managing Agent has been terminated and replaced on 20 April. And we do not know if after that date the fired Managing Agent is off the hook and are no longer responsible.

      • Paddocks
        09/04/2018 16:50

        Hi Karen and Peter,

        Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
        – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
        – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
        – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

        Kind regards
        Paddocks

  • Hendrikus Strydom
    03/04/2018 17:07

    My I as home owner within the HOA have access and or view financial records including bank statements of the HOA?

    • Paddocks
      10/04/2018 09:14

      Hi Hendrikus,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Home Owners Association 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks