Main Menu
Login
STO Forums
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.
Business from home
Hi. A tenant renting from our rental agency came to us for permission to fold and vacuum pack socks for a sock factory.They will be two mabey three at the most carrying on this "business" which will take place in there garage.I've asked the Managing Agents of this Scheme to get her permission from the trustees to carry on such business. They then sent me a letter stating that it is against Section 68 of the Sectional Titles Act. How can we go about getting her permission.
Replies
You must login to post a reply.
RE: Business from home
Short answer? You can't.
RE: Business from home
Hi
It should be the owner of the section who requests the consent and not the tenant, as he has no legal contract with the BC, and the owner has to be aware of what is going on in his section and also has to accept responsibility for any actions by his tenant (PMR 69). It is not § 68 but PMR 68 which has to be complied with.
Also §44 (1)(g) states: " when the purpose for which a section is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section to be used for any other purpose: Provided that with the written consent of all owners such section may be used for another purpose." ...Show More
You mention that it will be " two maybe three at the most carrying on this "business" this would mean non-residents being allowed onto the premises on a regular/permanent basis which could be a possible security risk – it starts off with two/three and later it just mushrooms.
The references to the Act and Rules can be found in the library section.
RE: Business from home
Thank you.Does this mean that the owner must get consent from the Body Corporate or can the owner request this from the Managing Agent to be sure they did in fact follow the correct procedures before they decided not to grant permission?
RE: RE: Business from home
Hi Natasha
As Myburgh explained - you have to get the written consent of ALL owners if you want to change what the Act says.
RE: Business from home
Hi
By getting the consent of all owners, in writing, is not in fact changing what the Act says (only parliament can change the Act) but complying with the requirements of the Act to change the "… purpose for which a section is intended to be used …"
RE: RE: Business from home
Yes of course that is correct. Thank you Myburgh for your helpful feedback on the site. Much appreciated.
Regards
RE: Business from home
Thank you for all the response. I have now sent a request from the owner of this unit requesting the Managing Agent to reconsider there decision not to grant permission to this tenant due to the fact that they do not convene with any of the rules in Section 68 and they are willing to move there "business" of packing socks into the unit instead of using the garage where in fact they do convene with section 44. Also stating that the owner takes full responsibility for the actions of this tenant.
RE: Business from home
Hi
Irrespective whether the business is carried on in the garage OR the section the requirements of §44 (1) (g) has to be complied with, i.e. the owner has to get written consent from ALL owners to change the intended use (as per the sectional plan) of a section.
I'm not sure which Section 68 you are referring to as the STA only has 61 sections. As I said in my earlier post it is PMR 68 which also has to be complied with. The MA has no say in the matter consent has to be obtained from ALL the owners in the scheme.
Advertisements
Website Statistics
- Forum Topics: 6144
- Users: 13887
