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.
Proxies to stop servitude
hi all. we stay in a sectional title complex where the developer tried last year to create some sort of (general?) servitude over our development in favour of his adjoining development - the notice indicated that a 75% majority of owners (by PQ and number ) would have to approve, and the meeting did not pass it. i suspect he or the trustees may try again, and i would like to know whether it would be legal for me to obtain \"proxies\" even in advance of any notice of a meeting so as to oppose any such resolution. the problem is the managing agent last time went around canvassing \"yes\" vote in favour of the resolution/servitude and i and some other owners who also opppose the servitude would like to be better prepared this time. i guess this would be like some kind of power of attorney/proxy but for a very specific purpose. i cannot on the face of it see a problem, but would very much appreciate some input from folks still in practice.
yours,
john webb.
Replies
You must login to post a reply.
RE: proxies
Hi
There is nothing wrong canvassing for proxies. Just be aware of the fact that the proxy-giver has the option to either give a proxy saying "to vote as the holder sees fit" (or words to that effect) OR they could instruct the holder to vote in a certain way (which might be contrary to your own thoughts).
RE: proxies
Please peruse Section 28 and 29 of the S.T.Act on servitudes for a better understanding what is required and how you can oppose this.
In my opinion creating this servitude is the same as alienation of a piece of common property/land and a unaminous resolution is required and in addition each and every owner must consent to the sale in writing as well.
Look at the M.A. contract and duties and take action.
RE: RE: proxies
I suggest that the sections to be examined and compared are 17 and 29.
It is correct that the effect of a servitude over a part of the common property can, as concerns use rights, be very similar to an alienation of (disposal of ownership in) that part, but the required procedures are different. ...Show More
Section 17 requires - for alienation - a unanimous resolution of owners and the written agreement of all other holders of registered real rights affected. Unanimous resolutions are hard to get and can be even more difficult if owners argue that their proprietary rights are being negatively affected.
Section 29 requires - for a servitude - a special resolution of owners. This type of resolution is relatively easy to get, particularly if owners are not well organised to resist the motion in the context of a meeting.
Because of the impact of the Deeds Registries Act, in practice the registration of either type of transaction requires the consent of all holders of bonds over units. So if one is looking to organise resistance to a proposed servitude one may, in addition to ensuring that owners are represented and vote against the resolution, approach holders of bonds over units and explain how the proposed servitude will negatively affect the capital value of their securities. In practice this is relatively easy, as most bonds are held by only a few financial institutions.
Click here for details...
Advertisements
Website Statistics
- Forum Topics: 6409
- Users: 14295
