STO Forums

Search

Type your search criteria above and click Search to search the forums.

To see if someone has already answered a query similar to yours, click the Search button above and search for terms related to your question.

Changes to common property

By Reva Barendse on Sat, 02 Dec 2017 at 09:59

Our current chairman wants to force the opening of the bottom gate to the complex because he doesn't like the sound of the main gate opening and closing outside his unit. He's lived there for about 8 years and bought the unit knowing that the gate was there.

Am I correct in saying he needs at least 75% owner approval to o so?

Also, opening this gate constitutes a major security risk to residents as it's at the river frontage where numerous vagrants live. We have had incidents in that area where people have been attacked. The entrance to the gate is down a dip and hidden from view should there be an incident.

Apart from that, the lady who lives in that unit will be instructed to give up at least 1 metre of her garden to allow the new gate to slide in and out. She will therefore have no access to her pedestrian gate and her pets could be injured.

Our chairman will not listen to anyone and bulldozes his way through all decisions that suit him, in the name of doing things "for the community".

What are our rights? I have lodged an objection with the managing agents.

Replies

You must login to post a reply.

RE: Changes to common property

Murray Bennett replied on Sun, 03 Dec 2017 at 00:06

Does the second gate already exist or not?
This is not clear as you mention 'Our current chairman wants to force the opening of the bottom gate to the complex' and then 'to allow the new gate to slide in and out'

RE: RE: Changes to common property

Reva Barendse replied on Sun, 03 Dec 2017 at 08:49

Yes, the second gate does exist, but it is two swing gates. It has never been used as an entrance / exit in the 26 years I've lived in the complex because of the security risk at the river. That gate is only used to take our dustbins out on a weekly basis.

There are also servitudes under the driveway so it shouldn't carry heavy traffic loads. ...Show More

RE: RE: RE: Changes to common property

Murray Bennett replied on Sun, 03 Dec 2017 at 22:21

Another question, is the garden of the lady who lives in the bottom unit merely fenced off common property or is it an official exclusive use area by notarial deed or in terms of the management or conduct rules?

RE: RE: RE: RE: Changes to common property

Reva Barendse replied on Mon, 04 Dec 2017 at 05:50

It is an official exclusive use area. The gardens are all walled in (bricks).

In effect, the gate will be opening and closing inside her property and not outside the complex as happens with the other gate. ...Show More

RE: RE: RE: RE: RE: Changes to common property

Murray Bennett replied on Mon, 04 Dec 2017 at 07:57

My understanding is that to return a portion of the EUA to unregulated common property a special resolution would need to be sought and to cancel the existing EUA and another resolution would need to be passed to approve to return the balance of the garden back into a smaller EUA.
Refer to: Additional powers of bodies corporate 5. (1) In addition to the body corporate’s main functions and powers under sections 3 and 4, the body corporate—
(f) may, upon special resolution by owners, enter into a notarial deed of cancellation of an exclusive use right in terms of section 27(5) of the Sectional Titles Act;
Alternatively, if the the EUA was rule-created (usually a conduct rule) the relevant diagram would need to be amended by special resolution of the BC.
Possibly it could also be argued that since this new gate is a unnecessary improvement it requires a unanimous resolution to be passed to approve it or, as a necessary improvement to the common property it would require a special resolution. The proposed new gate is not simply replacing what exists.
Besides this the lady holding the EUA could possibly also argue that the value of her unit would be depreciated by such a new gate being installed and refer to matter to CSOS if she does not receive any joy from the trustees. I'd be very interested to hear what other contributors thoughts on this are.

RE: RE: RE: RE: RE: RE: Changes to common property

Reva Barendse replied on Mon, 04 Dec 2017 at 12:54

Thank you so much for your help. I will pass this onto the resident concerned and will keep you informed of the outcome.

1
Advertisements
Banner
Website Statistics
  • Forum Topics: 11054
  • Users: 20259