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!

Owners installing cameras on the common property

Member’s question:

Good day,

If an owner has installed cameras in the basement, which is common property, without advising anyone or obtaining the proper authorisation, how would we address this issue?

Would the infringement on the other owners’ privacy not pose a legal issue?

Anton’s answer:

Good day,

Owners may not attach anything to the common property without the written consent of the trustees, in terms of Prescribed Conduct Rule 4(1).

But once the cameras are installed, the trustees cannot simply remove them, that would be an act of spoliation – taking the law into their own hands.

I suggest the trustees establish the reason the owner installed the cameras, and if it is reasonable, approve them in terms of Prescribed Conduct Rule 4(1).

If it is not reasonable, apply to the Community Schemes Ombud Service for an order for the owner to remove the cameras.

Billing owners for their individual water usage within a home owners’ association

Member’s question:

Good day,

Is there any legislation with regards to how owners should be billed for their individual water usage within a home owners’ association (“HOA”)?

As I understand it, each owner should be billed by the HOA in the same way the municipality would have billed them, had they received their own water bill from them.

Is there perhaps more clarity on how it should be done?

And, can trustees make their own decision as to how the water that’s recovered from owners is billed?

Anton’s answer:

Good day,

The usual practice is for the municipality to supply a bulk meter for the HOA and charge the HOA for water. Some may be different whereby the owners have individual supply contracts with the municipality.

Where there is a bulk meter, each property has its own separate meter, read by the HOA and charged for according to use, in the same way, the municipality does in the suburbs.

Whatever the arrangement, it should be set out clearly in the Memorandum of Incorporation or the constitution.

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Article reference: Paddocks Press: Volume 13, Issue 5.

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 – May 2018 Edition.