Topic: Can trustees be held liable for their decisions?
Date: 7 October 2018
Interviewer: Africa Melane on 567 CapeTalk radio station

During this interview, Zerlinda discusses the decisions taken by the trustees, and whether or not they can be held personally liable. Zerlinda also explains the importance of recusing oneself from certain decisions when they may have personal interest in the decision being made.

Should you have any queries relating to this topic, contact me, Zerlinda van der Merwe, via email at or telephonically on 021 686 3950, for a non-obligation quote. Alternatively, contact us telephonically for a 10-minute telephonic consultation at a cost of R490.00 (incl. VAT).


Zerlinda van der Merwe is an admitted Attorney of the High Court, specialist Sectional Title Attorney (BA, LLB, LLM), Zerlinda brings a wealth of experience and forms part of the Paddocks Private Consulting Division.


  • Ms Sayed
    28/01/2019 17:42

    Hi, I am the Chairperson of an HoA and have inherited a High Court case from the previous Board. The spend was never made transparent to the Home Owners, nor was the intention to go High Court. What recourse, if any, do I have to the previous Board? The Community wants to drop the High Court case (SGM was held), yet I have 2 Directors who are supporting the ex Board and refusing to act in accordance to the SGM minutes. The attorney, representing the HoA, refuses to drop the case unless Board resolution is shared. The current Board is split and hence the case remains pending.

    • Paddocks
      06/02/2019 09:41

      Hi Ms Sayed,

      Thank you for your comment. We would love to help, however we do not give free advice. Here’s how we can help:

      – We offer a 1-week Free Basics of Sectional Title short course.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on 021 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes.

      Kind regards,