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ST Amendment Act - repercussions

By tee lamprecht on Wed, 07 Mar 2012 at 13:54

“The latest amendment, allows the trustees of the scheme to extend a section simply by notifying the bondholder/owner – and, if no response is received from him within 30 days, to deem that he has no objection.”
Does this mean that 6 trustees can each extend their 85square meter unit by 26 square meter, on common property , and the rest of the the owners, ( 6) must accept this?
or is it section, and not iunits that may be extended?
The developer is also permitted now to give owners the right to exclusive use areas for the extended period. Furthermore, the body corporate is entitled to debit the developer for a share of the levies pertaining to common use areas (what does this mean) can the trustees simply change common property into their little bits on EUA? Is this called landgrab? can the owners left out then 'grab" another piece of common property and erect shacks for theri staff to live in? this is clearly ridiculous. PLEASE HELP

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RE: ST Amendment Act - repercussions

replied on Thu, 08 Mar 2012 at 10:59

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RE: ST Amendment Act - repercussions

Carel Basson replied on Thu, 08 Mar 2012 at 11:00

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RE: ST Amendment Act - repercussions

Annie Graeme replied on Tue, 20 Mar 2012 at 13:17

There are a number of court cases in which it is clarified that land is collectively owned cannot be "given" away - land in "common property" can be sold, but only with unanimous approval. the planned act is quite clear on this.

RE: ST Amendment Act - repercussions

Anne Granada replied on Wed, 21 Mar 2012 at 10:45

Prof Paddock has written clearly that the body corporate can sell a section of the land, to anyone, or to say a developer, if the decision is unanimous.
we own an apartment on the coast and the owner of the majority of apartments wants to buy the empty land, not used in the block of arpartments. I refuse to sell as I know the value of the land will go up. SO the land is not sold.
In 3-5 years we can all sell and all make a good profit or have enough money to replace our roof or build new garages. There is absolutely no reason to sell to one ( or a group of owners) to enrich tehmselves at the expense of the oether owners; or do you believe that dishonest trustees , or trustees who breach their fiuciary duties and have no idea of conflict of interest and the serious repurcusions thereof will, sway a decision.

RE: ST Amendment Act - repercussions

Anne Granada replied on Fri, 23 Mar 2012 at 19:00

Prof. Graham Paddock replied on STO:
An extension of a section in terms of section 24 of the Act, which is the formal meaning of that term, occurs when a sectional plan of extension is registered. This should happen whenever the floor area of the section is physically increased. The effect of this registration is to increase the square meterage of the floor area of the section. And the result will normally be a proportionate increase in levies and voting rights, irrespective of whether or not the extra area has facilities such as sewerage. Whether this is a veranda or a courtyard, the rule remains the same.

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