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Corrupt trustees/MA

By Scott Hunt on Sat, 10 Mar 2018 at 23:09

Hi all.Since are AGM major theft and corruption has been found
The MA is only taking instruction from one corrupt trustee
MA contract expired but refuse to hand over documents or accounts to new MA.
SAP says they can do nothing because its civil. Who can I report the MA too. These two with help from kicked out trustees refuse to let the books to be audited. They are trying to destroy the complex. Ex trustees were colluding with drug dealers for money for protection


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RE: Corrupt trustees/MA

andrew church replied on Sun, 11 Mar 2018 at 10:54

( Since are AGM major theft FOUND ?)
Have a look at your AGM pack that you received with your last AGM. In this pack will be the AUDIT REPORT. Find the name of the Auditor in the report and look up his email. Or look at your AGM minutes to see if the members present appointed a new Auditor. Craft a short and simple email showing what your understandings are on the matter ? Send this email to the Auditor ASAP. Follow up to make sure he received it with his secretary etc..
If you live in the building go door to door and arrange a Special General Meeting and use DIRECTIONS and RESTRICTIONS to indicate to the Trustees that they are obliged to act on the basis of the owners’ DIRECTIONS and RESTRICTIONS. Email the Auditor and invite him to attend the special general meeting ( see further below )
In terms of PMR 56(g) the giving of DIRECTIONS or the imposing of RESTRICTIONS referred to in section 39(1) of the Act is a COMPULSORY item of business that must be TRANSACTED at each annual general meeting (“AGM”). In terms of section 39(1) they can ALSO be given or imposed at ANY GENERAL MEETING .
Section 39(1) is seen as providing the owners in a scheme with a substantial amount of power and ultimately, confirming that the trustees are not the ‘masters’ of the body corporate, but that they are obliged to act on the basis of the owners’ INSTRUCTIONS
The imposition of monetary restrictions by the owners on the trustees in sectional title schemes is fairly common. The rationale behind these impositions could be anything from a real history of body corporate fund mismanagement to cautious owners who believe that the trustees need to be supervised when they spend substantial amounts of body corporate money.
An example of a DIRECTION will be that the Trustees are requested to follow an ACTION as requested by the owners present at the AGM or GENERAL MEETING. This direction can also include that the trustees must then call another Special General Meeting at a later date to consult with the owners on the final closure of the matter.

RE: RE: Corrupt trustees/MA

butch kukri replied on Tue, 13 Mar 2018 at 14:19

Mr Hunt has no proof for any of his allegations!

The Trustees elected a non owner and made him chairman and he decided to call himself Executive Chairman - as he wanted to be a dictator or he didnt want the job. He now does whatever he wants to without having the other trustees to agree.The position of Executive Chairman does not exist in Sectional Title.
He has advised SASHA owners that their levies will drop from R900 to R500 pm again this is not legal.
He has instructed owners to come to his business across the road and pay him and he first said the money will be kept in his business account, now he states the levies for the past 6 months are "in a tin in his office!"
He has employed a "Marshall" which has not been budgeted for at a cost of R20 k pm reportedly. Mr Hunt is also an employee at R4.5 k pm reportedly and he is the Secretary.
Strange that his input is dated 10TH March when a proper MA was appointed on the Thursday ? The MA refused to hand over records to these trustees or to an accountant who was going to "look after the levies" as he did not have a Trust Account and nor was he an EA and therefore could not act as a MA.
Now they have a MA the books have been handed over.

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