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Managing Agent

By Kenny Disenyeng on Wed, 29 Feb 2012 at 14:06

I am currently staying in a complex in Pretoria where there is no body corporate nor trustees. We are only having a managing agent who only collects levy every month.The last AGM meeting held was three years ago when a previous managing agent`s contract was terminated and then we recieved correspondence via e-mail from some lady in Cape Town who claims to be from the trustees office instructing owners to start paying levy to the new agent which had increased by 110%.
The new managing agent`s name is Accountability & on their statements is their contact number which is a cellphone number, no physical address only postal, no company registration number. I have never seen anybody from the trustees,no financial statements, no representative from the managing agent, no AGM. We tried to send several letters by e-mail to Cape Town, we tried to call their office number, we wrote e-mails to the managing agent requesting a meeting with them so they can tell us who appointed them but still no luck. Currently the managing agent is busy sending letters of the sheriff to those who refused to pay their monthly levies.
Please help!

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RE: Managing Agent

Swazi Coetzee replied on Wed, 29 Feb 2012 at 15:48

Owners whom receive a summons has the fullest right to defend the summons in the Court and during the pre-trial or actual hearing can submit all this evidence to the Magistrate and subpoena the M.A. to appear in Court.

RE: Managing Agent

Thomas Groenewald replied on Wed, 29 Feb 2012 at 17:13

Hi Kenny, correction, the owners collectively from the body corporate. The body may be inactive, which is the fault of all the owners collectively.
Call a meeting of the members/owners, elect trustees and give the trustees instructions to contract a new managing agent.
Browse the Library (left above) contains lots of guidance.

RE: Managing Agent

Gerhard Bezuidenhout replied on Wed, 29 Feb 2012 at 18:09

In this day and age - it is unbelievable that the above scenario is possible! (Sorry, I just had to write this...)

RE: RE: Managing Agent

Anne Greening replied on Thu, 01 Mar 2012 at 11:35

Hi, Kenny. You've a major problem here! Something weird is going on here. An MA can not just take over and run a complex without having a contract. Have you spoken to other owners - perhaps some of them who have been there longer than you can throw some light on the matter (e.g. who was this person who sent an e-mail, claiming to be a trustee?)
You mention that you "stay in a complex" - are you the owner of the unit, or a tenant?
If the former, and you are willing to put in some work to resolve matters, I suggest you follow the suggestion that you call an AGM. Start by reading up the PMRs on the library pages of this site. Members of this forum are always reading to answer any further questions you may have.

RE: RE: RE: Managing Agent

Kenny Disenyeng replied on Sun, 04 Mar 2012 at 10:17

Thanx for the insight

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