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!
Staff at the annual general meeting
We had an annual general meeting last week. I was surprised that the caretaker was at the meeting as he is a staff member and not an owner. Considering that currently there are problems regarding the staff of the complex, some people might not feel comfortable airing their views in front of the caretaker. Is it correct that the caretaker is at the meeting?
The meeting is entitled to allow non-members to attend, usually as advisers. However, any member entitled to vote may propose a motion that the caretaker (or other non-members attending) must leave the meeting. The chairperson is then obliged to put the motion to the vote.
Using body corporate funds to pay for owners building plans
There is body corporate where most of the units have extended their sections without the necessary permission as well as without plans. The trustees have started the process to have all these sections regularised and corrected and have instructed the managing agents to go to Council to uplift all the plans and the body corporate will pay for these plans. Where the plans are not correct, the trustees want the body corporate to pay for the new plans to be drawn (both building plans and sectional plans) and then to bill the unit owners for this cost.
Are they permitted to do this or should the owners pay for these services themselves?
Technically, the administration of a section extension is the responsibility of the owner concerned but where there are several, as in this situation, the members could decide that the body corporate do it. It would make sense because they could all be done together under the supervision of a delegated person. There might be economies in appointing one land surveyor and conveyancer as well.
Probably the best way to achieve this would be to include it as a term of the special resolution approving the extensions.
Article reference: Paddocks Press: Volume 13, Issue 7.
Professor Graham Paddock, Anton Kelly, Zerlinda van der Merwe and Ané de Klerk 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.