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IN THIS EDITION Dictatorial can be chairpersons challenged

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IN THIS EDITION Dictatorial can be chairpersons challenged Powered By Docstoc
					NATAL                     ISSUE 9... AUGUST 2005... 12 000 COPIES POSTED TO CHAIRPERSONS & SUBSCRIBERS




                      Dictatorial chairpersons can be challenged
                           Dictatorships      chairperson).                                  ! Spend time understanding the
                           are alive and      The autocrat that we highlight is power          sectional title rules and concept.
                           well in some       motivated, lacks transparency, has little      ! Block moves by chairpersons who
                       sectional title        regard or understanding of the act, is           at AGM’s subtly facilitate (without
                   schemes! Chairpersons,     arrogant, self centered and possibly             querying) the nomination of only 2
             managing agents, and even        corrupt.                                         trustees .
             caretakers are sometimes         The dictatorial chairperson is                 ! Commit and volunteer to serve as
             accused of dominating            empowered as a result of the                     trustees when there are no
 members, and behaving like Idi Amin.         disassociation, or weak participation by         nominations other than the
 How do such circumstances occur when         owners or trustees who collectively              chairpersons best friends.
 the sectional title concept is democratic.   should monitor and perform the                 ! Support resolutions which promote
 Owners are empowered to elect                executive functions of a body corporate.         the interests of the whole community
 trustees , who in turn elect the             In fact it is the apathetic, impotent, and       even if their personal short term
 chairperson, and who collectively            detached involvement by the vast                 investment goals are compromised.
 appoint a managing agent, and their own      majority of stake holders that gives rise to   ! Scrutinise finances diligently
 staff (even the caretaker)?                  dictatorial tendencies, as no “checks and        especially when they feel that
                                              balances” are apparent.                          transparency is being compromised.
 Let’s first exclude the dominant,            Owners / Members can exercise their            ! Take action when they suspect that
 transparent, resolute, assertive and         all powerful position when they                  a non-professional alliance exists
 sometimes dogmatic chairperson who           collectively...                                  between their chairperson and the
                   functions in                                                                managing agent.
                                              ! Attend AGM’s and General                     ! Consider past experience and
 IN THIS           accordance with the
                   act. Such persons            Meetings                                       review trustees powers by
                                              ! Stop giving blank cheques in the               imposing restrictions at an AGM.
 EDITION           are probably the best
                   option for a                 form of proxies
                                              ! Look beyond their preoccupation              Owners who fail to exercise their
    Ask the Editor flourishing scheme.
       Page 3      (There is a clear            with rental income, and the need to          responsibility with regard to the above,
                   difference between           appease their own tenants.                   do by their non-involvement facilitate the
      The AGM
        Part 3     an assertive and a         ! Focus on the long-term growth of their       creation of autocratic chairpersons.
       Page 4      very dictatorial             property investment.                                            Continued on page 2

  Editors comment         Bodies Corporate News is provided to empower chairpersons / trustees, by enabling
       Page 6             them to add value to the property investment of all owners in a complex. It is important
  letters received from   that our newsletter reaches chairpersons or trustees as we offer them free copies. If
          readers         you received Bodies Corporate News by chance please pass it on to your chairperson.
         Page 7
    Tertius advises       If you are a chair / trustee and have not yet confirmed your contact
        Page 8            details, please do so in order to be included in our mailing-list.




                                       THE PROFESSIONAL SOLUTION
                                                     WILCOTE HEAD OFFICE
                              PO Box 272, Balito, 4420 Tel: 032 942 2033 Tel/Fax: 032 942 2022/33/19
                                     Email: wilcote@mweb.co.za Website: www.wilcote.co.za
  NORTH COAST                                          KZN MIDLANDS                                         DURBAN WEST
  Tel: 035 - 787 3716                                  Tel: 033 - 343 4155                                  Tel: 031 - 767 5366
  Fax: 035 - 772 3931                                  Fax: 033 - 343 3259                                  Fax: 031 - 767 3261

  SOUTH COAST                                           DURBAN                                              DOLPHIN COAST
  Tel: 039 - 317 2853                                   Tel: 031 - 708 4959                                 Tel: 032 - 942 2022/33
  Tel/Fax: 039 - 315 5174                               Cell: 083 710 0747                                  Fax: 032 - 942 2019
                                                                  Page 2
Continued from page 1
Trustees who allow dictatorships                 Bodies Corporate appoint managing              How then can conscientious owners
t o s u c c e e d a r e g e n e r a l l y. . .   agents, subcontractors, and staff -            deal with a dictatorial chairperson?
! Easily influenced and involuntarily            How do these servants manage to                Trustees may dismiss their chairperson
   participate as they have been                 wield excessive influence?                     at any time by a majority resolution: it
   manipulated by the chairperson.               ! Through a corrupt relationship with          therefore makes sense for owners to
! Active in promoting their own agenda             a chairperson.                               appoint at least three trustees (excluding
! Ignorant of their responsibility as                                                           the chair) at an AGM. After all the
   they do not understand the sectional                                                         members determine the number of
   title act.                                                                                   trustees , and if only three nominations
                                                                                                (including the chair) are received it is up
Members who inadvertently abdicate                                                              to a fourth member to “come forth” and
their powers...                                                                                 volunteer their services to ensure that a
usually do so, because many are                                                                 dictatorship does not take root .
investors who’s interests lie in the                                                            Autocratic chairpersons tend to
receipt of monthly rentals - They usually                                                       influence their loyal aides into serving
live “out of town,” and expect unpaid and                                                       additional terms.
sometimes uninformed trustees to                                                                Owners can remove the chairperson (or
manage their investment. These                                                                  trustees) by calling a special general
disengaged landlords are often                   ! When there is no formal,                     meeting. All they need is a 25% support
oblivious to the reality that “many                professionally written, and detailed         base (by quota drawn from all owners)
others” invested in the same scheme for            contractual engagement                       and an adherence to the procedures
                                                   agreement, with performance                  required to instigate such a meeting. A
the same reasons, and as a result their
                                                   criteria, and termination clauses in         simple majority is all that is required at a
investment could be at risk as the tenant
                                                   place.                                       duly constituted meeting in order to oust
population could exceed that of resident
                                                 ! When trustees who lack knowledge             a chairperson (or trustee).
owners. As non participants these
                                                   become reliant on the skills of a            If owners are unwilling to participate, or
members often empower dictatorial                                                               avoid involvement, then they have only
                                                   managing agent. Their status then
situations, especially when an alliance                                                         themselves to blame. We reiterate,
                                                   becomes one of subservience.
exists between the autocratic chair and
                                                 ! When trustees fail to monitor,               owners are to blame if their
the managing agent. On occasion                    organise and r e c o r d       t h e         chairperson is dictatorial.
concerned owners attempt to rectify                performance of
declining circumstances but are unable             staff / service
                                                                                                     Email: info@sect-wisp.co.za
to secure the 25% participation needed             providers (staff                                      Tel: +27 82 714 2466
to call a general meeting as they are              need a work plan                            For more info visit: www.sect-wisp.co.za
limited in number, and the managing                with time related
agent avoids providing contact details of          goals. Idle time        TRUSTEES, COMMUNICATE WITH RESIDENTS
absent landlords, which renders the                can result in
owners powerless to act. When
                                                                          USING WIRELESS INTERNAL EMAIL SYSTEMS
                                                   l o b b y i n g ' Internet services
schemes collapse, absent landlords                 activities which ' Complex email
seem to appear from the woodwork and               can undermine ' Electronic billboards
vent anger at the very dictators that they         the authority of ' Integration with Access Control Services
created through their lack of
participation.
                                                   the executive).     ' PBX integration for installation (and removal reduction)
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                                                               Page 3


ASK THE EDITOR                                                          Rob will answer your questions
Numerous requests for information           at no time while I have been in the trust      cheque at the end of the year and others
are received.                               have we refused a request to see the           get a bonus very carefully calculated in
Many are answered within the pages          records. We also distribute summaries of       each case by members of the trust. The
of this magazine or by phoning our          the records timeously to all Members of        global amounts paid to the staff including
help-line 086 757 7882.                     the Body Corporate. Copies of the              global contributions to Uif, Pension
                                            accounting records are made before             Fund, Funeral Benefit Trust, Skills

Q    All members of our trust have
     enjoyed reading your Bodies
     Corporate News. We are a
                                            each Body Corporate meeting. And of
                                            course annually a copy of the audited
                                            accounts are sent to all 150 members.
                                                                                           Development Levy and J.S.B. are all
                                                                                           detailed in our accounts available to all
                                                                                           members. Our total staff is over 50.
Sectional Title Retirement Village with a   Occasionally we get requests for               Are we correct in not advising individual
large staff. These include gardeners,       detailed salary and wage schedules,            members what each employee gets?
maintenance people, kitchen and             which we believe should be confidential        Ken Blight
Medcare staff. All members of the Body      to the trustees. The conditions of service
Corporate are entitled to see the
                accounting records and
                                            of staff working at our Village belong in
                                            various categories: Some are hourly
                                            paid and some belong to a Union. Some
                                                                                           A    I appreciate your predicament but
                                                                                                also acknowledge that members
                                                                                           are stakeholders and it is there funds that
                                            are labourers and others are more highly       are being spent. As I understand it, and I
 SUBSCRIBE ANNUALLY TO                      paid artisans. Some are monthly paid
                                            semi-professionals and others are
                                                                                           quote, “On the application of any owner,
                                                                                           registered mortgagee, or of the
 BODIES CORPORATE NEWS                      monthly paid professionals. Those who
                                            are members of a Union are represented
                                                                                           managing agent the trustees must make
                                                                                           all or any of the books of account and
                                                                                           records available for inspection.”
    ADVICE FROM SECTIONAL TITLE             by shop stewards appointed by the
    EXPERTS                                 Union. Some are in receipt of a thirteenth
    PRACTICAL AND USEFUL
    INFORMATION
    COMPETITIONS AND PRIZES
                                                News paper reading habits...
Name(Co or Individual):                     Business Day is read by the people who         aren't too sure who's running the
                                            run the country.                               country, and don't really care as long as
                                            The Star is read by people who think they      they can get the horseracing results.
Address:
                                            run the country.                               The Daily Sun is read by people who don't
                                            The Mail & Guardian is read by                 care who's running the country as long as
                                            people who think they should run the           they do something really scandalous,
                         Code:              country, and who are very good at              preferably something rather gory, involving
Tel(H): ( )                                 crosswords.                                    witchcraft.
Tel(B): ( )                                 T h e S u n d a y Ti m e s i s r e a d b y     Nose Week is read by people who
Cell:                                       people who think they ought to run the         aren't sure that the whole idea of a
Email:                                      country but don't really understand            country isn't just a vast conspiracy to keep
Payment Method:                             Business Day. They do, however, like the       people paying taxes.
      Cheque enclosed                       soccer cartoons.                               The Argus is read by people whose
                                            The Cape Times is read by people who           mothers used to run another country but
      Postal order enclosed                 wouldn't mind running the country, if they     need the English soccer scores.
 Made in favour of Bodies Corporate News,   could knock off at midday every Friday.        Bodies Corporate News is read by people
 and posted to PO Box 45002                 Die Burger is read by people whose             who are not sure how to run a block of flats.
 Claremont 7735                             parents used to run the country and did a      Thank your lucky stars that they don’t run
I ENCLOSE MY SUBSCRIPTION OF                far superior job of it, thank you very much.   the country.
R80.00, (OR R50.00 AS I AM A TRUSTEE)       The Citizen is read by people who
                                                                Page 4


                                                    Your AGM
Part 3              Financials, trustees report, approval of insurance values,
                    income and expenditure statements, budgets and levies
                                                                                   Management rule 56 provides for members to
REPORT OF THE INDEPENDENT AUDITOR TO THE TRUSTEES                                  “consider” (not approve) the financial
        OF THE VILLA VISTA BODY CORPORATE                                          statements at their AGM. Trustees will have
                                                                                   approved the financial statements before the
I have audited the annual financial statements set out on pages 2 to 6 for the     AGM, as they are ultimately responsible for the
year ended 30 June 2004. These financial statements are the responsibility of      financial management of the body corporate.
the Trustees. My responsibility is to report on the financial statements, based    The managing agent is a servant of the body
on my audit                                                                        corporate and should not be blamed if errors
                                   SCOPE                                           occur. Every financial statement must have an
                                                                                   auditors report (if there are less than 10 units in
I conducted my audit in accordance with South African Auditing Standards.          a scheme, an accounting officer can do the
These standards require that I plan and perform the audit to obtain reasonable     audit).
assurance that, in all material respects, fair presentation is achieved in the     THE BALANCE SHEET (See pic in last issue)
fmancial statements and that the financial statements are free of material         reflects the financial position of the Body
misstatement. An audit includes an evaluation of the appropriateness of the        Corporate on the last day of the financial year
accounting policies, an examination, on a test basis, of evidence supporting       that is under consideration. It reflects all the
the amounts and disclosures included in the fmancial statements, an                Body Corporate’s funds in the bank, plus funds
                                                                                   due to the Body Corporate, plus deposits paid
assessment of the reasonableness of significant estimates and consideration
                                                                                   to service providers that are refundable
of the appropriateness of the overall financial statement presentation. I          (assets), it also reflects amounts which are still
consider that my audit procedures were appropriate in the circumstances to         due to be paid by the Body Corporate
express my opinion presented below.                                                (liabilities) if the liabilities (money owed) is
                                                                                   more than the assets (money in the bank and
                             AUDIT OPINION                                         monies owed to the body corporate) then there
                                                                                   is a serious problem. Next on the agenda is
                                                                                   usually the
In my opinion these financial statements fairly present in all material respects
the financial position of the Body Corporate at 30 June 2004, and the results of TRUSTEES REPORT (sometimes known as
its operations and cashflow information for the year then ended in conformity    the chairmans report). Trustees are obliged to
with generally accepted accounting practice.                                     produce a report (signed by the chairman)
                                                                                 which reviews and reports on the state of affairs
C. Potgieter (SA)                                       Chartered Accountant     of the Body Corporate. Most often the report is
2 SEPTEMBER 2004                                              CLAREMONT          multifaceted and overviews finance,
                                                                                 maintenance, security, future plans, and
                                                                                 aspects of community living and predicaments
                                                                    faced by members. (A kind of “state of the nation complex
                                                                    overview”) Next item to receive attention is the approval and
                                                                    adoption of the new

                                                                      INSURANCE VALUES, Management rule 29 charges
                                                                      trustees to make sure that the Body Corporate is adequately
                                                                      insured. Buildings must be insured “for their full replacement
                                                                      value.” (Trustees should ideally seek professional help in
                                                                      determining the replacement value of the buildings in their
                                                                      scheme!) The Body Corporate must keep the buildings
                                                                      insured against fire, floods, and such other risks that the
                                                                      owners determine by special resolution.

                                Email: info@sect-wisp.co.za
                                     Tel: +27 82 714 2466
                           For more info visit: www.sect-wisp.co.za

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                                                              Page 5

INCOME AND EXPENDITURE STATEMENTS are then
approved and adopted. This document details the amounts of                 New Sectional Title Publications
income earned by the Body Corporate (usually levies and
interest received), and how the money was spent (by category)
                                                                             Demistifying Sectional Title
                                                                       De”mist”ifying Sectional Title sets out to simplify
in the various expenditure departments applicable to the
                                                                       difficult to understand concepts, and brings home in a
running of a scheme.
                                                                       practical manner, the ins and outs of
                                                                       living in a sectional title complex.
THE ANNUAL BUDGET AND LEVIES FOR THE ENSUING
                                                                       Knowledge is power, and never is
FINANCIAL YEAR are then considered. Based on the previous
                                                                       this more apt than in a community
year’s financial performance, trustees (and the managing
                                                                       lifestyle.
agent) are well positioned to collectively evaluate the needs for
                                                                       This book is a must for all trustees
the next financial year. The new budget also allows trustees to
                                                                       who want to understand sectional
calculate each members levy contribution in line with their
                                                                       title concepts - and it’s available
participation quota. A Body Corporate cannot budget for a
                                                                       locally via Propell who have
deficit.
                                                                       purchased copies for redistribution
                                                                       to interested parties at cost price.
Next issue (Last Episode): Appoint auditors, elect trustees,
                                                                       Phone Craig on 086 000 5050 to
directions or restrictions for trustees, domicilum citandi.
                                                                       order your copy.




         In need of advice?
 PHONE OUR HELP LINE 086 757 7882
 Unfortunately we are not able to reply to each of the hundreds of
 emails that we receive requesting information.

                     ACKNOWLEDGEMENT
 THIS PUBLICATION ACKNOWLEDGES THE CONTRIBUTION MADE TO THE
 SECTIONAL TITLE INDUSTRY BY TERTIUS MAREE, GRAHAM PADDOCK, MARINA
 CONSTAS AND KAREN BLEIJS WHO’S PUBLISHED WORK PROVIDES US WITH
 ADDITIONAL INSIGHT.


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                                                                 Page 6


                     IN MY OPINION Editors Comment
                    MISFORTUNES CAN BE AVOIDED IF TRUSTEES
                     TAKE APPROPRIATE AND PROMPT ACTION
                      The article               Body Corporate of “Samiro Court”          summons, issued by an attorney, by the 15th
                      published on the          could have been avoided if the            of the following month. Trustees can raise
                      front page of the         trustees applied their powers and         special levies for maintenance purposes
                      “Southern Courier”        exercised their duties in terms of the    and owners cannot refuse to pay such levies
                      on June 1st by Julie      Sectional Title Act. Trustees are         or withhold payment if they are in dispute
                      Maule does much to        elected and act on behalf of owners,      with the body corporate.
                      reinforce the need        they must act in the best interest of                   Trustees Powers
for “good governance” in Sectional Title        members!                                  Trustees are endowed with certain powers.
schemes. Hopefully thousands of                        Trustees Duties include            Topping the list is the power to appoint
sectional title owners will now realise that    A primary duty is to determine, collect   agents and borrow funds. BCN contacted a
their personal investment is only secure        and administer levies. Trustees need      leading “levy finance company” to gain an
when they, and all members of a scheme          to act immediately against payment        insight into the practicalities of using such
contribute jointly, and timeously to a          defaulters. (Body Corporate’s should      services when schemes face predicaments
common fund. “No man is an island” in a         be run on business lines) Ie, A warning   similar to those that were reported in the
Sectional Title Scheme.” An individual          letter should be issues on a defaulter    “Southern Courier”. We summarise the
only purchases a section of the complex         by the 8th of a month if payment was      information provided to us by Mr Charles
and is reliant on the contributions of all in   due on the 1st, this is followed by a     Coetzee of Propell Levy Finance:
the community if the scheme is to
succeed. The misfortune faced by the




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                                                                                                         Continues on Page 7




                 WE’L
                      L PAY
                 O
               OUTS    Y
              MUN   TAND OUR
                    IC ING
                       I
                   ICE BPAL
              S
              SERV
                        ILLS
                             !
                                                                     Page 7

“An alarming percentage of Sectional           monthly levies by the first working day of             In addition the body corporate will save
Title Complexes experience difficulty          every month irrespective of whether                    costs related to their effort in the process
collecting levies timeously and many do        individual owners have paid or not.                    of collecting levies plus the benefits
not have the necessary reserves                Immediate finance is also provided to                  attached to being cash flush, and not
needed for maintenance and repairs.            deal with urgent maintenance and                       having to pay interest on accounts in
These circumstances often result in            repairs (ie, special levy finance). The                arrears. The levy financiers, on the other
trustees establishing contact with a levy      levy professional in fact “takes over” the             hand generate a portion of their revenue
finance professional who’s first task is to    collection of levies process, and also                 through defaulters by imposing costs in
evaluate the situation. This process           attends to the collection of any arrears.              the legal recovery of arrears that are
requires that Bodies Corporate provide         Bodies Corporate contribute to the                     legally due by defaulting owners. The
the levy finance professional with all the     process by paying the levy financier a                 levy finance company does however
relevant financial information and details     small “once-off take on fee” followed by a             carry the cost of legal fees until these are
that govern the scheme. This cumulates         minimal monthly guarantee and                          recovered from defaulting owners.” -
in a “due diligence test” which results in     collection fee (usually only 4,75% of                  Charles Coetzee
an assessment to consider whether a            levies p/m) In other words, each owner in              In conclusion we reiterate that there
body corporate can be financed. In most        a complex can receive asset protection                 is no excuse for sectional title
cases there is sufficient equity in a          for the monthly cost of a soft drink,                  schemes to fail because of a debt
scheme to justify financial assistance.        burger and chips,                                      burden. Trustees must exercise
Once a scheme is “taken on,” the levy          eg, 10 units x levy of R500.00 p/m =                   “good governance,” and when
finance company usually deals with the         R5000.00. Levy Finance charges 4,75%                   necessary make use of services
immediate arrears problem first. They          guarantee and collect = R237,50 + VAT                  that are available within the
also guarantee to pay 100% of all              = R270,75 ÷ 10 units = R27,07 p/m.                     industry.


Letters received from readers
                       I would like to thank   terminated and I started doing a lot of the            so the list carries on. I enjoy what I do,
                        you for the very       work myself. Some assistance from                      but must admit that in our happy family
                           informative         trustees who soon decided that the work                there are some thorns. I have learned to
                           publication,        was too cumbersome without any                         “tolerate” them too, as I have a
                           and more            reward. I even fixed the electric fence,               philosophy where I believe that you
                           particularly for    light fittings, changing of globes, tap                please some people most of the time and
                           the latest          washers, etc. myself. I put in a lot of                others...well, they benefit too, as much
                          edition with         “woman” hours into this complex as it                  as they refuse to give recognition.
                          regards to “The      was my home! Well needless to say,                     Many thanks for your publication.
                          removal of           many owners were - and still are -                     Elizabeth Filiba Chair - Autumnfields
                          Trees and            impressed by all my efforts, which I
                       Creepers on             appreciate.
                    Common Property.” In       In closure I have managed to
                                                                                                         “Sectional title living provides many
                fact, almost every edition     successfully rescue our complex.
covers some issue / problem we
                                                                                                      challenges for the community orientated -
                                               Managed to drop levies and have not
experience in our complex. I have been         increased levies for two years. Painted                  sadly these positive aspects are often
the chairman of this complex for almost        the entire complex with no extra levies,                   diluted by the attitudes of the self
five years now.                                installed many new lights into this very                         centered individuals.”
I would like to comment too on the             dark complex, managed to negotiate a
“letters received from Trustees,” and          deal for all owners to have alarms in their            Propell Sectional Title Solution (Pty)
more particularly the gentleman that was       homes - no cost for supply and fitting.                 Ltd - Making Sectional Title work
doing work in the complex with no              Our bank balance is very healthy, we
remuneration. In our complex there are         now have a full time gardener again, and                  TRAINING COURSES
24 units. When I “took over” the                                                                           FOR TRUSTEES
management of the complex almost five              ORDER YOUR OWN                                                   Training Course:
years ago - I as an owner and trustee                 TRUSTEES                                        The basis of the training Program is to
actually “forced” the then Chairman of              POCKET GUIDE                                      provide delegates with skills aimed at
some years to resign as the complex
was running at quite a loss and he was
running the complex like a “Hitler” - not
                                               FOR ONLY
                                                        Simply post your cheque
                                                                                   R25                preserving unit values in bodies corporate.
                                                                                                      The initial training programme will focus on
                                                                                                      2 areas of Body Corporate management:
allowing anybody (trustees) any input or                    or money order                            Finance and Good Governance.
decision making. he spent money and            (made in favour of Bodies Corporate News)                 Venue: Institute of Estate Agents SA
between himself and the managing                                                                          10 Howard Studios, Sheldon Way,
                                                                   to                                             Pinelands Cape Town
agent - at the time - they signed cheques
and decided on their own how and when                        PO Box 45002                                            Dates & topics:
things should happen. Most of the                           Claremont 7735                            13/08/05             Good governance
owners were not interested or sort of                                                                 10/09/05             Finance
                                                Name:..................................               08/10/05             Good Governance
fearful of him.                                 .............................................
In a nut shell, I was a first time home                                                               12/11/05             Finance
                                                Phone Number:..........................               Time: 9 -11 am. Presented by: Joe Gatz -
owner at the age of 41 (single mom) and
knew absolutely nothing about Sectional         Email Address:...........................             (Cape Technikon Lecturer in Finance)
                                                Postal Address:..........................             Cost: R100 per delegate (your Body
Title. I attended an intensive workshop -                                                             Corporate should cover this cost) Free for
at my own cost and “jumped in on the            ...................................................   Propell clients. Refreshments: Included
deep end” on a rescue mission. Garden           ...................................................   Bookings can be made by contacting
services, pool services, gardener and           .........................Code:................        Charlene at the Institute of Estate Agents
meter reading services were all                                                                       on 021 531 3180.
         Strukture op gemeenskaplike eiendom Tertius Maree
Individuele eienaars het geen reg om         gebied te vorder. Die neiging in die         ander eienaars om daarop aan te dring
verbeteringe of veranderinge op              praktyk om eienaars, met die                 om dit te benut nie. Die trustees kan
gemeenskaplike eiendom aan te bring          toestemming van die trustees, en selfs       nie sondermeer die voorwerp of
nie. Tog gebeur dit dikwels dat              daarsonder, toe te laat om na wilekeur       struktuur verwyder nie en sal moontlik
eienaars, met of sonder toestemming          verbeteringe aan te bring, moet bestry       aansoek moet doen om 'n interdik.
van die trustees 'n tuinhek, braaigerief,    word. Die volgende is 'n paar
televisie skottel of ander struktuur of      algemene nadelige gevolge:                   Daar is dus twee alternatiewe en
installasie op die gemeenskaplike                                                         welke een gevolg moet word hang af
eiendom laat aanbring of oprig.              Dit skep 'n presedent wat sake later vir     van die aard van die struktuur en die
                                             die trustees moeilik kan maak.               betrokke area waarop dit aangebring
Trustees het geen seggenskap om                                                           word. 'n Tuinhek of braaigerief op 'n
sodanige veranderinge te magtig nie.         Hoewel die eienaar aanvanklik heel           stukkie private grond wat slegs deur
Die enkele uitsonderings hierop word         gewillig mag wees om die strukuur te         een eienaar benut word dui
bevat in Gedragsreël 4 en het                versorg en in stand te hou, kan hy/sy,       waarskynlik op die skepping van 'n
betrekking op items soos diefwering,         of latere eienaars van sy/haar deel, dit     uitsluitlike gebruiksgebied. In die geval
slotte, insekskerms en so meer. Wat          laat verwaarloos. Die                        van 'n TV skottel sal 'n gedragsreël 4
die probleem onder bespreking betref         instandhoudingsplig rus dan by die           wysiging waarskynlik die beste
kan die oplossing redelik maklik bereik      regpersoon, sonder enige vermoë om           metode wees om te volg.
word aangesien die nodige wysigings          dit op die eienaar af te wentel.
tot Gedragsreël 4 slegs 'n spesiale
besluit verg. Die reël word gewysig om       Die trustees het
voorsiening te maak vir toestemming          geen bevoegdheid
van die trustees in sulke gevalle.           om heffings van die
                                             eienaar te voder
“n Ander oplossing is om die betrokke        nie. Die eienaar het
gebied in 'n uitsluitlike gebruiksgebied     geen eksklusiewe
te omskep. So kan trustees die reg           regte ten opsigte
                                                                              WE SPECIALISE IN
verkry om verbeteringe toe te laat           van die struktuur           SECTIONAL TITLE CONSULTING
asook om heffings ten opsigte van die        nie en niks verbied
                                                                    PHONE: + 27 31 2667330   FAX: + 27 31 2667354
BODIES CORPORATE NEWS IS NOW 1 YEAR OLD!                                           mail@lomas.co.za




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