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!

Can owners decide on how voting at an Annual General Meeting should take place, e.g. in secret?

Member’s question:

Good day Paddocks,

Please advise whether the members at an AGM can insist that voting be carried out by putting ballot papers in a box and having a neutral representative tally the votes rather than by raising of hands? The current managing agent says there is no provision for the members to demand this voting system at the AGM.

Regards

Graham’s answer:

Dear member,

The managing agent is right that the legislation does not deal with this issue in any detail, and votes do have to be valued according to the owners’ PQ. But certainly, it is possible to avoid having to hold up hands if this is a real difficulty.

The way in which the voting takes place is under the control of the chairperson, the members have the power to decide that the voting will take place in a particular fashion, and a member would need to make a detailed and motivated proposal as to how votes should be taken. This decision, which should be phrased as a direction to the chairperson, would require an ordinary resolution, i.e. 50% of the votes by value.

Regards,
Graham

What permission is required to build a swimming pool in an Exclusive Use Area?

Member’s question:

Good day Paddocks,

What permission is needed to build a swimming pool in an exclusive use garden? Can trustees approve or must all owners approve?
The scheme contains 10 units. Only 1 owner objects, stating that, if the pool leaks, it could cause damage to common property. Municipal plans for the pool have already been passed.

Thank you.

Graham’s answer:

Dear member,

An ‘in-ground’ swimming pool is a building improvement that must be approved by the local municipality, as this one has been, but also requires approval by an ordinary resolution of owners. See PMR 30(g) of the Sectional Titles Schemes Management Act.

Owners can consent to a structure that is not an extension, impose reasonable conditions and withdraw consent on a breach. It is hard to make someone remove a swimming pool, so the conditions could, for example, include an obligation to have the filter system in a housing that reduces noise and reasonable penalties for user noise and leaking/flooding nuisance.

Regards,
Graham

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Article reference: Paddocks Press: Volume 15, Issue 10.

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 – October 2020 Edition.