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trustee decision re pets legal

By Joyce van Niekerk on Tue, 06 Mar 2012 at 21:45

no rules filed in deeds office but trustees made a decision that cats are no longer allowed and the claim is that this trustee decision is legally enforceable so they will not consider a written request for permission for cat as per PCR1. they made this decision some years ago and have still never followed procedure to amend rules despite advice to do so. is a trustee decision in this regard legally enforceable ?

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RE: trustee decision re pets legal

John Yates replied on Wed, 07 Mar 2012 at 08:40

Trustees enforce the Rules not make them. Management Rules require a unanimous resolution to change and Conduct Rules can only be changed by way of a special resolution. These resolutions are made by the owners not the trustees. Any such changes only become enforceable once these are filed in the Deeds Office. This will change once the Ombudsman service is up and working.

RE: RE: trustee decision re pets legal

Joyce van Niekerk replied on Wed, 16 May 2012 at 21:24

following onto this query -today I recei vedyet another set of amended rules which now states that no new cats will be allowed into the complex as per trustee resolution dated 9 october 2006. These rules are now to be voted on and despite the fact I as chairman and trustee state this is invalid as rules cant be enforced retropsectively I seem to be totally ignored and my opinion overriden as the rules were written by an attorney who is also an owner ( but not a trustee) . some trustees , the administrator seem to think they can act with impunity. Most BC members amd trustees themselves in our complex havent a clue of what the law actually says and dont appear to empower themselves on their rights so are happy jsut to go along with it. please advise on the steps I should take

RE: RE: RE: trustee decision re pets legal

Anne Greening replied on Thu, 17 May 2012 at 15:14

Hi, Joyce. A change in a conduct rule cannot be made by a trustees' resolution, but requires a special resolution of the body corporate. The new rule, if approved by the BC, will only come into force from the date on which it is filed in the Deeds Office.

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