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disqualification as trustee
can an owner be a trustee if his tenants refuse to comply with one of the conduct rules
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RE: disqualification as trustee
Your example does not disqualify an owner to be nominated and elected as a trustee.
The owner, who is accountable to the BC, must be approached to take control of the tenants' behaviour.
After the trustees have requested an owner in writing who persists to be in breach of the conduct rules (and owner is deemed to be in breach if any occupant of his unit does not comply with the rules), this owner can be stripped of his voting rights at the AGM: PMR64(b).
RE: RE: disqualification as trustee
On what basis and reference do you indicate that an Owner is deemed to be in breach of the Rules if his any occupant of his unit does not comply with the rules. The occupant must conform to the rules in his own right as per Section 35(4).If he transgresses the Owner could hardly be held responsible providing the tenant had been given the rules to which he must comply. Any deeming to be in breach of the Rules by the owner, could certainly be challenged under these circumstances.
RE: RE: RE: disqualification as trustee
It follows by (a) comparison: an owner repeatedly disobeys and a letter is sent to the owner; and (b) interpretation: an owner has to supply the rules to a tenant, the tenant repeatedly disobeys, a letter is sent to ?? ...the owner. The BC is not party to the agreement of lease, therefore the owner is deemed to be in breach.
RE: RE: RE: RE: disqualification as trustee
The Body Corporate does not necessarily have to be party to the agreement of lease to have jurisdiction over the tenant as far as the Rules are concerned. Section 35(4) gives the Body Corporate all the authority they need to enforce the Rules directly with the tenant. This is borne out in the case of an absentee owner who lives in another town or overseas and does not have ready access to his tenant. He could hardly be held responsible for his tenant not conforming to the rules.
RE: RE: RE: RE: RE: disqualification as trustee
It seems we address the same thing, but miss one another on the penalties for not obeying.
I am trying to convey the message that, should the occupant be in breach, and repeatedly remains so, then ...WHAT? If it was the owner the BC has the right to institute PMR64(b).
The BC has rights to enforce the rules in terms of section 35(4). But the BC cannot get rid of the occupant, the owner might even side with the occupant and/or ignore the notices (we have many examples of this on the forum and the advice is always that the matter has to be referred to the Owner).
IMO the BC then has the right to institute PMR64(b) against the owner.
RE: RE: RE: RE: RE: RE: disqualification as trustee
In my view and in my opinion PMR64(b)does not make an owner responsible for the non compliance with the rules by his tenant particularly when Section 35(4) provides the Body Corporate with that authority. Referring the matter to the owner may be an exercise in futility particularly if the owner is out of town or overseas.Eviction of the tenant is not an option on the grounds of non conformity with the rules. Lets agree to disagree.
RE: disqualification as trustee
Hi
As long as a prospective trustee does not fall within the "disqualification" criteria in PMR's 5 and 13, there is nothing preventing him from being elected as a trustee – as a matter of fact even if his contributions are unpaid this not disqualify him, only from voting on ordinary resolutions at general meetings.
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