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Business from home

By Rainer Bergmann on Sat, 13 Apr 2019 at 10:52

A tenant suddenly decided that keeping an office is too expensive and she rather works from home.
She receives customers during the day and refuses to stop.what are the legal options to preserve the residential status of the building?
What is required from the trustee to comply with Section 30 Use of Sections & common Property (Gov Gazette 7.10.2016) which states:"THE BODY CORPORATE MUST TAKE ALL REASONABLE STEPS TO ENSURE THAT A MEMBER OR ANY OTHER OCCUPIER OF A SECTION OR EXCLUSIVE USE AREA DOES NOT.....(C)CONTRAVENE THE PROVISIONS OF ANY (II) CONDITIONS OF A LICENSE RELATING TO USE OF THE BUILDING... OR THE CARRYING ON OF A BUSINESS IN THE BUILDING;

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RE: Business from home

Gerhard Bezuidenhout replied on Mon, 15 Apr 2019 at 15:48

Give written notice, stating transgression and then request reinstatement of usage in accordance with zoning regulations. Thereafter, report the transgression to the authorities.
Also, in community living you now may enter into dispute resolution, with the office of the Ombud (CSOS) as final recourse. Just follow the steps as per regulations, starting of course with proper approach to the transgressor. Keep paper trail of events.

RE: RE: Business from home

V L Nagy replied on Tue, 16 Apr 2019 at 09:11

I followed all the steps above, and the owner managed to change the purpose of use with the local authority despite my objections, the trustees supported this owner and now we are stuck which this less than desirable business in our residential sectional title block with clients coming and going all day. The owner did have to pay an amount to the authorities to change the use but no consideration for the act or the other members,... sad really. Might I add the owner does not reside at the building but uses it only for work purposes. Bully boy tactics are alive and well in Sectional Title schemes..

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