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!

Owner’s dog bit another’s dog: Must the body corporate get involved?

Member’s question:

Good day Paddock Team,

We have an incident at one of the Sectional Title Schemes, where one owner’s dog bit another owner’s dog and the owner as well. The trustees want to get involved with the dispute between the two owners.

My advice to the trustees was not to get involved regarding the dispute.

My question is did I give them the right advice not to get involved?

Regards.

Graham’s answer:

Dear member,

I think you did. As long as it is one owner claiming from another in regard to damages suffered as a result of one of their dogs harming another dog or person, that is nothing to do with administration of the scheme and the trustees should stay out of it.

If, however, one of the owners demands that the body corporate enforce a scheme rule in regard to pets, for example, then the trustees would have to look at that aspect.

Graham.

Owners paid levies to a previous managing agent: Now what?

Member’s question:

Hi Graham

We noticed on their account that some levies were not paid and with further investigation we saw that some owners paid their levies into the previous managing agent’s trust account. By inquiring this by the managing agent they said they are not going to pay it back due to outstanding expenses the managing agent had on behalf of the body corporate. This managing agent cancelled the agreement in 24-hours, so we started from the beginning.

The question is, is the managing agent entitled to withhold this contribution from the owners? What should we as the new managing agent do in this matter because their is outstanding maintenance to be done as the previous managing agent were negligent in managing the body corporate?

Regards.

Graham’s answer:

Dear member,

These were mistaken payment by owners to the previous managing agent?

No, the previous managing agent is not entitled to keep these mistaken payments. I suggest the owners get together and have a lawyer send a letter demanding that the previous managing agent return the money to the owners.

Graham.


Article reference: Paddocks Press: Volume 14, Issue 07.

Graham Paddock 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.

Back to Paddocks Press – July 2019 Edition.