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!

Residents smoking marijuana in their unit, what can we do?

Member’s question:

Good day Paddocks,

What actions can be taken by the body corporate if they receive complaints about certain residents smoking marijuana within the confines of their units where the smell is wafting down to the neighbors.

Thank you.

Graham’s answer:

Dear member,

I suggest that the trustees should not take any action, as the smoking of marijuana in a section is legal.

The complaining neighbour has the right to gather evidence of s/he considers to be the smell nuisance and then apply to the Community Schemes Ombud Service for relief – if the smell is so continuous and intolerable that it materially affects his/her ability to enjoy occupation of the property, and assuming s/he is not especially sensitive to the smell.

Regards,

Graham

Trustee refusing to attend remote meetings during lockdown

Member’s question:

Good day Paddocks,

At a scheme with 3 trustees, 2 have agreed to Zoom meeting.

The 3rd Trustees who has been extremely difficult in many circumstances says he cannot and would like to only meet after lockdown, who knows when that will be in Western Cape.

In order to give some feedback to owners regarding budget and financials, as annual general meeting cannot be held currently. The trustees would like to proceed with their meeting in order to give necessary feedback to owners.

7 Days notice has been given, but 3rd trustees says we will be transgressing his rights to attend.

Thus, may the meeting proceed if 2 out of 3 has agreed, but 3rd one has informed he cannot.
If it may not proceed, how should this be dealt with? Round Robin e-mails?

Thank you.

Graham’s answer:

Dear member,

I suggest you also give the third trustee the alternative option of attending by telephone.

If he refuses this also, one of the other trustees should call the meeting and make sure that the agenda is sent to this 3rd trustee. If he chooses not to attend, by Zoom or telephone, I suggest the other trustees go ahead and hold the meeting, making sure they send the 3rd man the minutes or a recording of the meeting.

Regards,

Graham


Article reference: Paddocks Press: Volume 15, Issue 05.

Graham Paddock is 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 2020 Edition.