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 a body corporate insist that vehicles are searched before entering the premises?

Member’s question:

Good day Paddocks,

A sectional title complex that currently struggles with a high number of thefts inside the complex.
A security meeting was held by the owners to discuss security options. The owners decided that all residents, visitors, and contractors’ vehicles be searches when entering and exiting the complex.

1. Can the owners at a meeting make such a decision and can the Body Corporate enforce it?
2. What type of Resolution will be required?

Regards

Graham’s answer:

Dear member,

In my view the body corporate cannot make or implement the decision you describe, which requires routine searches of all vehicles entering or leaving the scheme.

All people have the right to privacy within their vehicles and even a duly authorised representative of the police force can only search a car when there is good reason to suspect some crime.

Regards,
Graham

Can trustees deny a trustee nomination if the nominated person has been troublesome in the past??

Member’s question:

Good day Paddocks,

At a recent AGM, the current trustees were re-elected, including a trustee who causes trouble within the scheme. The other trustees do not want this person re-elected, can they deny the nomination and acceptance thereof?

Regards

Graham’s answer:

Dear member,

There is no legal basis on which the current trustees can stop this person from being nominated.

If they think she should not be elected, their recourse—as individual owners—is not to vote for them, to tell others to do likewise and make sure that other good candidates are also nominated, so that the number of trustees the AGM decide upon can be made up of other candidates.

Regards,

Graham


Article reference: Paddocks Press: Volume 16, Issue 8.

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 – August 2021 Edition.