Q&A with the Prof – 2012 04

Below is an example of two of the questions on the discussion forum on Paddocks Club. We want to show what is available to our Community Members!

The Trustees have requested via 2 legal routes the Structural Engineers Report on windows illegally installed into a unit. This is not forthcoming and no reason given. Is it reason enough to deny the owner a vote at a SGM or AGM?  The Trustees have also raised a special levy a few months back to fund repairs that this same owner refuses to pay. All other owners have paid. Is this reason to deny them a vote at a SGM or AGM?  I have to deal with their lawyer at our SGM for Finances over the weekend and would like to know which rule or Act I need to quote.  Thanks once again for your assistance. 

The prescribed management rule that deals with the disqualification of an owner from voting is PMR 64.  You will see that refusing to pay a valid levy will result in disqualification, whereas the only other ground is a failure to comply with one of the scheme’s conduct rules despite written warning. It is highly unlikely that an owner’s failure to provide a structural engineer’s report is a requirement of the scheme’s conduct rules, but it is possible that the unauthorised alterations to the common property is a breach of PCR 4, assuming this applies to the scheme.  Graham    

In a complex with free standing units, who is responsible for cleaning gutters and outside windows? Your advice is appreciated. 

Assuming that the section boundaries run through the outside walls of the separate dwellings in the scheme, and the gutters are therefore common property, the body corporate is responsible for maintaining them. In sectional office blocks, a body corporate may undertake the regular cleaning of exterior window panes as a communal service but, in a residential sectional title scheme, my understanding is that the normal arrangement requires people to clean their own window panes, inside and out. 

Professor Graham Paddock is available to answer questions on the discussion forum for Community Members of Paddocks Club. Get all your questions answered by joining Paddocks Club at www.PaddocksClub.co.za.