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Rules & resolutions

By Shelley Owens on Mon, 12 Mar 2012 at 08:46

Good morning, please can someone provide some clarity here:
1.Can trustees alone have a resolution regarding rules, do owners have to be involved?
e.g We have a situation due to lack of visitors parking we make residents park in their garages. They are permitted to park in the visitors parking for a max of 15mins for the purposes of unloading or loading of vehicle. We have sent numerous notifications that should people abuse the request then they will be charged a parking fee rental. This is purely to stop residents taking up visitors parking. It is stated in the rules no parking on common property without trustees permission.
2. With ample notification by general letter must due process of hearings etc be followed.
Thanking in advance

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RE: Rules & resolutions

John Yates replied on Mon, 12 Mar 2012 at 10:47

Follow.

RE: Rules & resolutions

Carel Basson replied on Mon, 12 Mar 2012 at 11:40

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RE: Rules & resolutions

Carel Basson replied on Mon, 12 Mar 2012 at 11:40

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RE: Rules & resolutions

Peter Vickery replied on Wed, 14 Mar 2012 at 07:20

Hi Shelly - you must remember that the trustees are in charge of the common property - and must enforce the rules in force.
Also refer to PCR 2(c) - the trustees will determine where, when etc the refuse is disposed of.
So by implication, the trustees can make rules regarding the common property, although nowhere else is this specified.
The 1971 Act provided for 'House Rules' but this was omitted from the 1986 Act.
For instance, there could be a situation where children are playing in an area that is unsafe - a driveway for instance. If there is an accident, and the trustees are aware of the potential danger and haven't acted - they could be deemed to have been negligent and could be sued. So they could prohibit children playing in that area, without referring it to the owners. Likewise, an area could be cordoned off, if there's a danger of a wall or tree falling - and so on.
The same would apply to to an emergency evacuation plan, fire drills and the like. Ideally the rules would be amended in due course but this may not be possible if they can't get the required consensus from the owners.....
If the trustees could be held liable for the consequences of a situation that they are prevented from addressing - you wouldn't have any trustees!
That's my 5c worth!

Regards...Show More

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