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.
Enforcing rules
Hi All
Our block of flats has a small area as result it has no designated areas for children to play. At the same time conduct rules prohibit children ball games. Now some parents allow their children to play ball games on motorcar drive ways on the common property. cleaners and some trustees have complained to these parents about these games but they are often told where they want their children to play? These games are not posing danger to children, they are also damaging garden flowers (common property) as the ball is continously kicked against them. please can you advise on this matter.
Replies
You must login to post a reply.
RE: Enforcing rules
Hi, Bakang. I feel that if a conduct rule exists, the Trustees should enforce it. If the owners are not happy with a particular rule, then they can always put forward a Special Resolution at a SGM to change it.
RE: RE: Enforcing rules
Agreed.
Another point of view is that any entrant to a scheme is deemed to be aware of the limitations (parking, playground, pets). In habitual fashion homo sapiens confront everyone else with his dilemma as if the BC in this instance owes the parent of the child a paly ground.
Bakang's BC must take a firm, well prepared stand.
RE: Enforcing rules
The trustees do not actually have an option as to whether or not to enforce a rule in force. Section 38(j) of the STA in fact entasks them with doing "all things reasonably necessary for the enforcement of the rules". As an irate owner once commented to me, "Those of us who bothered to read the rules before buying have a right to expect them to apply!"
RE: RE: Enforcing rules
The clause "all things reasonably necessary for the enforcement of the rules" what does it mean? If there are no fines applicbale the trustees can do little to enforce.
Our scheme is experiencing a serious problem with kids misbehaving, messing, litering, trampling the gardens, making noise, etc.
"all things reasonably necessary" couls include arbitration between the grouping without kids complaining about them and the parents of kids and owners with tenants that have kids -- to what end?
RE: RE: RE: Enforcing rules
Even when a scheme's rules do not make provision for imposing fines, the cost of making good damage caused to the common property could legitimately be claimed from the offending owners (i.e. the parents of the children concerned). Persisting in being in breach of the rules would also disqualify an owner from voting on centrally significant matters affecting the value and enjoyment of his/her property, as well as the levy payable thereon, such as approval of the budget and schedule of insurance values, as well as the election of trustees. Appealing to people's sense of fairness and eliciting their co-operation by involving them in problem-solving and decision-making is, in the long run, also more effective than fines in ensuring rule compliance. "To what end?" you ask, Thomas. Harmonious coexistence, surely?
RE: RE: RE: RE: Enforcing rules
Hi, Thomas. To add to what Annette says: "reasonable steps" would include discussing the problem with the parents of the children concerned, writing letters if that has no result, and writing to owners of sections where the parents are tenants. It could also include provision of a specific area where children could play (if that is feasible).
RE: RE: RE: RE: RE: Enforcing rules
That is what I appreciate about a site like STO. Thank you Annette & Anne for giving your perspectives, they helped me seeing the isuue in wider!
Advertisements
Website Statistics
- Forum Topics: 6144
- Users: 13887
