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What happened to.....?

By Desiree Mansfield on Sun, 02 Dec 2018 at 04:49

I have noticed lately there is not many knowledgeable people answering our questions on this site any longer as many don't get a reply,so I was wondering what happened to Peter Vickery, Thomas Groenewald, and Myburgh Brink as I don't see them participating any longer?
I must say it is nice to see Professor Paddock answering and helping with our questions, and this is a tremendous help until other people join who can help with answering them. Thank you, and keep it up Professor we need you.

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RE: What happened to.....?

Murray Bennett replied on Sun, 02 Dec 2018 at 19:58

RE: Myburgh Brink
Gerhard Bezuidenhout replied on Tue, 08 Nov 2016 at 21:05

Myburgh B announced his "stand back" from this forum more or less a month ago. Me thinks he got tired of the rethoric....Show More

RE: What happened to.....?

Desiree Mansfield replied on Mon, 03 Dec 2018 at 04:44

Thanks Murray,
Pity to hear this as all three of them was well qualified in ST to answer all questions asked.
I would have liked their opinion(maybe yours or the Professor) on the 10 year maintenance plan (which I hear is now compulsory) which our owners will not accept and said it is not necessary as we know what to repair when we want to.
We had valuators to come in and do a 10 year maintenance plan on our complex which was presented at the AGM and owners rejected it completely. They said they would reduce it considerably if absolutely necessary, as we don't need all the maintenance mentioned on it.
Are we compelled to implement it or not by law, or according to any ST legislation and what would happen if we don't implement it? If so, give full reference section. Thank you.

RE: RE: What happened to.....?

Murray Bennett replied on Mon, 03 Dec 2018 at 19:03

Hi Desiree, here's a link regarding the maintenance plan written by Anton Kelly of Paddocks.

https://paddocksblog.com/2018/04/11/approval-of-a-ten-year-maintenance-plan-for-sectional-title/...Show More

RE: RE: RE: What happened to.....?

Prof. Graham Paddock replied on Tue, 04 Dec 2018 at 08:16

Hi Murray,

There are no penalties set out in the law, but I think the importance of the 10 year plan is to provide a proper foundation for the scheme's reserve fund. If the owners frustrate the body corporate's obligation to build up an adequate reserve fund (based on a cost accrual basis) any person with an interest in the scheme who considers themselves prejudiced will be able to make application to CSOS for relief. ...Show More

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RE: RE: RE: RE: What happened to.....?

Desiree Mansfield replied on Tue, 04 Dec 2018 at 09:12

Hi Professor Paddock,
Thank you so much for your input on this matter which is much appreciated. I am sure you saw my reply back to Murray.
You are quite correct in what you say to provide a proper foundation for the scheme's reserve fund, but unfortunately other peoples minds don't think so far ahead.
Your point re claim against the existing and prior owners who used the property in the past without contributing to these costs is interesting, but then again would turn out to be a long legal expensive laborious matter to go through on one's own except if all owners agreed to it.
As there is no law compelling the BC to implement this 10 year plan, there is nothing the trustees or the MA can do about it to enforce it and seems our hands are tied in this matter and nothing further can be done about it.
Thank you again for your contribution and help in this matter and best wishes for the Christmas season. Regards, Desiree

RE: RE: RE: RE: RE: What happened to.....?

Prof. Graham Paddock replied on Tue, 04 Dec 2018 at 14:39

Thank you Desiree, may you and your family have a wonderful Christmas and year-end break.

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RE: RE: RE: RE: What happened to.....?

Murray Bennett replied on Tue, 04 Dec 2018 at 14:17

Thanks Prof.!

RE: RE: RE: RE: RE: What happened to.....?

Prof. Graham Paddock replied on Tue, 04 Dec 2018 at 14:39

You are welcome Murray, thank you for all your good work.

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RE: RE: RE: What happened to.....?

Desiree Mansfield replied on Tue, 04 Dec 2018 at 09:00

Hi Murray,
Thank you for the link to Anton Kelly's article which I read. It was very interesting, but did not address the point I asked about what can the MA or trustees do legal wise if owners rejected it and refused to implement it, as they felt it was not necessary. Therefore it did not help in that respect as he just set out what the 10 year plan entails and did not state any ST law that it was compulsory to comply with it.
It also seems from Prof. Paddocks reply that there is really nothing the trustees or the Managing Agent can do about it as there is no law in the ST Act that makes it compulsory, therefore we cannot enforce it on the owners.
I will reply to Professor Paddock in separate post, but thank you for your help in this matter.

RE: What happened to.....?

Prof. Graham Paddock replied on Tue, 04 Dec 2018 at 08:11

You are welcome Desiree. I spend most of my time on the subscription service Paddocks Club, but am glad to help out on STO when I can.

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RE: RE: What happened to.....?

Desiree Mansfield replied on Tue, 11 Dec 2018 at 09:47

Good morning Professor Paddock.
I know we concluded this discussion on the 10 year maintenance plan saying it was actually not 'law'or compulsory that it had to be implemented and you suggested other means on what to do if the BC refused to implement it such as in my case. I presented that information we discussed with my MA and he said it is law and we HAVE to implement it, and sent me the following extract from the ST Act. I would appreciate your further comments regarding this once you have read it - thanks for all your input and help. Very much appreciated:
Maintenance, repair and replacement plan
22. (1) A body corporate or trustees must prepare a written maintenance, repair and replacement plan for the common property, setting out—
(a) the major capital items expected to require maintenance, repair and replacement within the next 10 years;
(b) the present condition or state of repair of those items;
(c) the time when those items or components of those items will need to be maintained, repaired or replaced;
(d) the estimated cost of the maintenance, repair and replacement of those items or components;
(e) the expected life of those items or components once maintained, repaired or replaced; and
(f) any other information the body corporate considers relevant.
(2) The annual contribution to the reserve fund for the maintenance, repair or replacement of each of the major capital items must be determined according to the following formula: [(estimated cost minus past contribution) divided by expected life].
(3) A maintenance, repair and replacement plan takes effect on its approval by the members in general meeting; provided that on approval of such a plan, members may lay down conditions for the payment of money from the reserve fund.
(4) The trustees must report the extent to which the approved maintenance, repair and replacement plan has been implemented to each annual general meeting.

...Show More

RE: RE: RE: What happened to.....?

Desiree Mansfield replied on Fri, 14 Dec 2018 at 04:53

Hi Murray,
Seems Prof. Paddock is very busy or away as no reply received on my previous post and wonder if you could elaborate on it?
Our MA said according to the ST Act (I quoted clauses in my previous post) it is law and compulsory that we implement a 10 year maintenance plan and gave me the relevant section of the Act.
Yet when this matter was discussed with Prof. Paddock he never mentioned it and we closed the conversation on the note that it was not law or compulsory to implement it.
I am now very confused, so can you help please to set the record straight - Yes it is compulsory and law according to the ST Act, or NOT law? Thank you.

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