http://www.sto.co.za/The Latest 100 forum topics on STO.Mon, 26 Mar 2012 16:00:03 +0200 http://www.sto.co.za/forum/topic/7895-Coin-Security-Rights http://www.sto.co.za/forum/topic/7895-Coin-Security-Rights
read more]]> Sun, 25 Mar 2012 20:25:25 +0200 http://www.sto.co.za/forum/topic/7894-Who-is-liable-for-water-damage-from-water-meter-leak? http://www.sto.co.za/forum/topic/7894-Who-is-liable-for-water-damage-from-water-meter-leak?
I own a flat in a security complex, each flat in the complex has an individual water meter which serves it. The meter is not in my flat or on my property, it is enclosed within a box in the wall outside my flat, in the stairway. I do not have access to the meter (the managing agents take readings each month), and the body corporate is responsible for the meter's maintenance.

The m...

read more]]> Fri, 23 Mar 2012 14:09:30 +0200 http://www.sto.co.za/forum/topic/7893-Trustee\'s-harassment-of-owners http://www.sto.co.za/forum/topic/7893-Trustee\'s-harassment-of-owners We have a trustee, who constantly harasses 2 owners. He has variously and at different times, called the Health dept. the SPCA, and Child Welfare - to no avail (ie. they all said it was a waste of their time). He previously assaulted an owner, and charges were not pressed after his family called saying "please we will get the big men in the family to ensure he takes his psychiatric medicat...

read more]]> Thu, 22 Mar 2012 18:35:53 +0200 http://www.sto.co.za/forum/topic/7886-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7886-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7887-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7887-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7888-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7888-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7889-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7889-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7891-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7891-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7892-AGM---whose-responsibility? http://www.sto.co.za/forum/topic/7892-AGM---whose-responsibility?
read more]]> Thu, 22 Mar 2012 18:22:15 +0200 http://www.sto.co.za/forum/topic/7885-Clearance-Certiifcate http://www.sto.co.za/forum/topic/7885-Clearance-Certiifcate The levy account is paid up to and including the March 2012 levies. The managing agents request a R 1.000,00 interest payment on arrear levies ( monthly levy R 968,14)until registration. I find this exceptionally high!
They are further charging the transfering attorneys...

read more]]> Thu, 22 Mar 2012 13:37:23 +0200 http://www.sto.co.za/forum/topic/7884-Withhold-levy-payments http://www.sto.co.za/forum/topic/7884-Withhold-levy-payments
read more]]> Thu, 22 Mar 2012 13:22:28 +0200 http://www.sto.co.za/forum/topic/7883-Ombudsman http://www.sto.co.za/forum/topic/7883-Ombudsman
read more]]> Thu, 22 Mar 2012 13:22:22 +0200 http://www.sto.co.za/forum/topic/7881-Geyser-move-into-common-property-duct http://www.sto.co.za/forum/topic/7881-Geyser-move-into-common-property-duct I would like to know if it is permissable to install a geyser in a common property service duct.
Q1 - I understand I require 50% Body Corporate to agree to my utilisation of common property - correct?
Q2 - Is a geyser allowed to be installed in a service duct (which is accessed from my section)?
Q3 - Where can I find references to the act/section that governs the common property usage?

...

read more]]> Thu, 22 Mar 2012 12:27:11 +0200 http://www.sto.co.za/forum/topic/7880-Financial-Statements-not-presented-and-audited-adequately- http://www.sto.co.za/forum/topic/7880-Financial-Statements-not-presented-and-audited-adequately- 1. The Standard levies is shown as a lump sum, and it is not split into levy, electricity and security recoveries. The auditors not also do not state this. This is incorrect as...

read more]]> Thu, 22 Mar 2012 12:13:26 +0200 http://www.sto.co.za/forum/topic/7879-Sgm http://www.sto.co.za/forum/topic/7879-Sgm
read more]]> Thu, 22 Mar 2012 10:09:30 +0200 http://www.sto.co.za/forum/topic/7878-washing-cars http://www.sto.co.za/forum/topic/7878-washing-cars
read more]]> Wed, 21 Mar 2012 11:50:54 +0200 http://www.sto.co.za/forum/topic/7877-Occupation-and-Completion-Certificate http://www.sto.co.za/forum/topic/7877-Occupation-and-Completion-Certificate
What is the difference between a Completion and Occupation Certificate?

Are they 2 separate certificates?
Who issues them?

We were instructed some time ago to obtain an Occupation Certificate for one of the flats and also needed to obtain a Completion Certificate for the building after having balconies built.

We have now received a doc...

read more]]> Tue, 20 Mar 2012 19:35:04 +0200 http://www.sto.co.za/forum/topic/7876-Fine-=-Charging-For-Letters http://www.sto.co.za/forum/topic/7876-Fine-=-Charging-For-Letters
“The Trustees of your Scheme have now instructed us to place on record that the following complaint have been received against your occupants of your unit which are contradictory to the Rules: Excessive noise coming from the unit on 5 & 6 February 2011. Please take note that the Tenants are a nuisance to the co-tenants

The matter must be viewed in a very...

read more]]> Tue, 20 Mar 2012 18:12:14 +0200 http://www.sto.co.za/forum/topic/7875-Skew-Window-Frames http://www.sto.co.za/forum/topic/7875-Skew-Window-Frames I just moved into a unit in a sectional title complex.
Some of the windows frames are skew resulting in the windows not closing properly.
On enquiry who is responsible - the managing agent told it is my responsibility.
Is this trye?
Regards...

read more]]> Tue, 20 Mar 2012 12:33:36 +0200 http://www.sto.co.za/forum/topic/7874-Redrafted-Rental-Housing-Bill http://www.sto.co.za/forum/topic/7874-Redrafted-Rental-Housing-Bill [Mail & Guardian advert: http://psychsoma.co.za/sectional_title_living/2012/03/owners-leasing-invited-to-comment-on-redrafted-rental-housing-amendment-bill.html]...

read more]]> Mon, 19 Mar 2012 21:42:24 +0200 http://www.sto.co.za/forum/topic/7873-Ownership http://www.sto.co.za/forum/topic/7873-Ownership A unit is registered in the name of a spouse.Can the other spouse,married in community or out of community, act on behalf of the "registered" spouse ?? ...

read more]]> Mon, 19 Mar 2012 15:29:50 +0200 http://www.sto.co.za/forum/topic/7872-Municipal-Rates-and-Taxes-account http://www.sto.co.za/forum/topic/7872-Municipal-Rates-and-Taxes-account
I was hoping someone would know how the municipality calculates their rates and taxes accounts for sectional titles. I know how the municipality calculates the rates portion, but what I want to know is how they determine what the sewerage, rubbish and water portion should be? I am curious as I feel it is a little unfair that I should pay the same rates and taxes as a friend of mine, w...

read more]]> Mon, 19 Mar 2012 14:35:29 +0200 http://www.sto.co.za/forum/topic/7871-Best-Business-Practice http://www.sto.co.za/forum/topic/7871-Best-Business-Practice
I am concerned that this is not best practice, and two main issues involved are risk and conflict of interest.

I need to get best practice or principles of management in sectional title information speedily.
any suggestions?...

read more]]> Mon, 19 Mar 2012 11:18:47 +0200 http://www.sto.co.za/forum/topic/7870-Exclusive-Use-and-maintenance http://www.sto.co.za/forum/topic/7870-Exclusive-Use-and-maintenance The act clearly defines that an owner who has been granted exclusive use has to maintain his or her exclusive use area. EU is an area of common property that has been allocated to a specific section owner(s). My question is - as exterior walls of townhouse units and roofs are deemed to be common property, can they not be declared exclusive use areas? In doing so the Body Corporate will be indi...

read more]]> Mon, 19 Mar 2012 10:37:00 +0200 http://www.sto.co.za/forum/topic/7869-GAAP-versus-IFRS http://www.sto.co.za/forum/topic/7869-GAAP-versus-IFRS
I refer to an article written by Clint Riddin during August 2009.

Do I read the article correct that the BC may by unanimous vote, decide that a Complex may remain with the GAAP method of finance reporting and not move over to the IFRS method of reporting?

Or, are we compelled to move to IFRS regardless, once you have more than the prescribed 10 Units in a Complex.

We have by...

read more]]> Sun, 18 Mar 2012 15:03:44 +0200 http://www.sto.co.za/forum/topic/7868-extend--enlarge--add-courtyard http://www.sto.co.za/forum/topic/7868-extend--enlarge--add-courtyard
The body corporate must authorise a reduction of common property by passing a unanimous resolution.
Owners MAY NOT decide to enlarge their units by “annexing” or expropriating a piece of common property. Such owners have no excuse - ignorance of the law is no excuse. Nor d...

read more]]> Sat, 17 Mar 2012 16:17:38 +0200 http://www.sto.co.za/forum/topic/7867-Addition-of-courtyard-onto-common-property http://www.sto.co.za/forum/topic/7867-Addition-of-courtyard-onto-common-property Calculation of rent or of levy should be changed
I found out that at an AGM, where I was not present, it was unanimously decided that the manner in which the levy for each unit is calculated, must remain the same, although the trustees have each added onto their units by building a courtyard. the adding onto their units was not dicussed with us, they we...

read more]]> Sat, 17 Mar 2012 10:39:36 +0200 http://www.sto.co.za/forum/topic/7866-Fiduciary-Duty-of-directors http://www.sto.co.za/forum/topic/7866-Fiduciary-Duty-of-directors In successfully run homeowners associations, members of the board of directors are honest, possess good communication skills, carefully plan in advance, make good judgments based on sound decision making practices, delegate work to qualified committees or advisors, exercise initiative and independent thinking, do not attempt to enrich themselves, avoid...

read more]]> Sat, 17 Mar 2012 09:53:29 +0200 http://www.sto.co.za/forum/topic/7864-Code-of-Conduct-for-Managing-Agents http://www.sto.co.za/forum/topic/7864-Code-of-Conduct-for-Managing-Agents I read:
National Association of Managing Agents (NAMA).
Part A: General Provisions Applicable to all Estate Agents, including Managing Agents
(Existing Code of Conduct to be revised and updated by EAAB)
Part B: Specific Provisions Applicable to Managing Agents
• Definitions

In this part of the code of conduct, unless the...

read more]]> Sat, 17 Mar 2012 09:36:26 +0200 http://www.sto.co.za/forum/topic/7865-Code-of-Conduct-for-Managing-Agents http://www.sto.co.za/forum/topic/7865-Code-of-Conduct-for-Managing-Agents I read:
National Association of Managing Agents (NAMA).
Part A: General Provisions Applicable to all Estate Agents, including Managing Agents
(Existing Code of Conduct to be revised and updated by EAAB)
Part B: Specific Provisions Applicable to Managing Agents
• Definitions

In this part of the code of conduct, unless the...

read more]]> Sat, 17 Mar 2012 09:36:26 +0200 http://www.sto.co.za/forum/topic/7863-Employee-Fiduciary-duties http://www.sto.co.za/forum/topic/7863-Employee-Fiduciary-duties Home Owners Association.
• 


Employees have moral and legal obligations to individual and collective homeowners


Fiduciary duty is commonly understood to be an obligation of one party to act in the best interest of another party. Employees have an obligation to the homeowners to act in the be...

read more]]> Sat, 17 Mar 2012 08:12:03 +0200 http://www.sto.co.za/forum/topic/7862-Self-enrichment-by-director http://www.sto.co.za/forum/topic/7862-Self-enrichment-by-director Director implicated in dodgy HOA “tender” - The HOA BOARD has awarded a contract and alease to a company whose chairman is accused of having links to organized crime and flouting tender requirements.
The board of directors awarded the tender / lease . For years, ordinary homeowners have asked the management to investigate. ‘WE ARE LOSING MONEY BECAUSE HE �...

read more]]> Sat, 17 Mar 2012 08:05:51 +0200 http://www.sto.co.za/forum/topic/7861-Recording-of-our-AGM http://www.sto.co.za/forum/topic/7861-Recording-of-our-AGM
Alta...

read more]]> Fri, 16 Mar 2012 21:05:06 +0200 http://www.sto.co.za/forum/topic/7860-Deceased-Estate http://www.sto.co.za/forum/topic/7860-Deceased-Estate
read more]]> Thu, 15 Mar 2012 15:29:09 +0200 http://www.sto.co.za/forum/topic/7859-Water-damage-from-common-area-walkway http://www.sto.co.za/forum/topic/7859-Water-damage-from-common-area-walkway I am the owner of a ground floor duplex (with a common area walkway and bachelor flat above me).
In June 2011 my tenant informed me that tiles were "popping" and lifting up in the downstairs living room and I went to repair it as I had a geyser (ground floor, under the stairs) which burst a few months earlier.
I informed the Body Corporate and they said that it was for my own acc...

read more]]> Thu, 15 Mar 2012 13:58:08 +0200 http://www.sto.co.za/forum/topic/7858-special-levies http://www.sto.co.za/forum/topic/7858-special-levies
I live in a complex (sectional title) and a special levy needs to be raised to rebuild a retaining wall(that effects my unit).

Already some owners are saying that they don’t want to pay the special levy – can you please advise if there is law states that they are liable to pay the special levy.

Note: last year a special was r...

read more]]> Thu, 15 Mar 2012 13:55:13 +0200 http://www.sto.co.za/forum/topic/7857-Securityl-wall- http://www.sto.co.za/forum/topic/7857-Securityl-wall-
I live in a complex next to a office block,which over looks in to our complex.

The office block has trees and bushers groing next to the wall on the office block side it now come over the wall into the razor wire,and now our security is at risk. Please advise to what action can be taken. The owner has said he will not cut them down. Our security is at risk....

read more]]> Thu, 15 Mar 2012 06:33:22 +0200 http://www.sto.co.za/forum/topic/7856-Fixtures---Satelite-dishes http://www.sto.co.za/forum/topic/7856-Fixtures---Satelite-dishes
read more]]> Wed, 14 Mar 2012 15:39:47 +0200 http://www.sto.co.za/forum/topic/7855-Foundation---Legal-advise http://www.sto.co.za/forum/topic/7855-Foundation---Legal-advise I just want to ask a question. I stay in a complex and I am also the Chairperson. About 2 years ago I reported that my foundation has sagged. Nothing was done from a managing agent point of view.
In January this year I got an engineer that was recommended by the managing agent out to have a look and it was confirmed that my foundation has indeed sagged. The quote to underpin ...

read more]]> Wed, 14 Mar 2012 13:52:00 +0200 http://www.sto.co.za/forum/topic/7854-Cable-theft http://www.sto.co.za/forum/topic/7854-Cable-theft I understand that the cable thieves disconnect the neutral wire and this causes a voltage surge of 380 volts downstream, which destroys any appliances on that circuit, that are plugged in and switched on at the time.
...

read more]]> Wed, 14 Mar 2012 07:58:34 +0200 http://www.sto.co.za/forum/topic/7853-EUA-Extensions http://www.sto.co.za/forum/topic/7853-EUA-Extensions Homeowners Association, registered Section 21 Company. Own Articles of Association, Management and Conduct Rules as permitted by s30 of STA.
Exclusive Use Areas established in terms of s27A of STA. Relevant scale plans designating EUA’s as “Patio” “Courtyard” for each Unit held by the Association Management as per s27A. Levies are charged Rands per square meter of the ar...

read more]]> Tue, 13 Mar 2012 21:20:28 +0200 http://www.sto.co.za/forum/topic/7852-electric-cable! http://www.sto.co.za/forum/topic/7852-electric-cable!
read more]]> Tue, 13 Mar 2012 11:21:03 +0200 http://www.sto.co.za/forum/topic/7851-Water-usage-prior-to-occupation http://www.sto.co.za/forum/topic/7851-Water-usage-prior-to-occupation
Thanks!...

read more]]> Tue, 13 Mar 2012 11:09:29 +0200 http://www.sto.co.za/forum/topic/7850-EUA-using-CR http://www.sto.co.za/forum/topic/7850-EUA-using-CR
The Body Corporate has engaged a surveyor to create new exclusive use areas granting certain owners preferential access to what was previously comm...

read more]]> Mon, 12 Mar 2012 22:21:57 +0200 http://www.sto.co.za/forum/topic/7849-Damp-Through-Foundation http://www.sto.co.za/forum/topic/7849-Damp-Through-Foundation above the damp course there are cracks on the exterior w...

read more]]> Mon, 12 Mar 2012 20:58:19 +0200 http://www.sto.co.za/forum/topic/7848-Rules--resolutions http://www.sto.co.za/forum/topic/7848-Rules--resolutions 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 notifica...

read more]]> Mon, 12 Mar 2012 08:46:48 +0200 http://www.sto.co.za/forum/topic/7847-Pet-head-aches http://www.sto.co.za/forum/topic/7847-Pet-head-aches
read more]]> Sat, 10 Mar 2012 15:36:28 +0200 http://www.sto.co.za/forum/topic/7846-Sectional-Title-Ombudsman http://www.sto.co.za/forum/topic/7846-Sectional-Title-Ombudsman
read more]]> Sat, 10 Mar 2012 15:29:53 +0200 http://www.sto.co.za/forum/topic/7845-Alterations http://www.sto.co.za/forum/topic/7845-Alterations up the panel.Other owners in the complex is upset and said they would like to do the same.One of the trustees advised that if all owners ...

read more]]> Sat, 10 Mar 2012 12:16:58 +0200 http://www.sto.co.za/forum/topic/7843-CP-cyclical-painting-shortfall http://www.sto.co.za/forum/topic/7843-CP-cyclical-painting-shortfall
read more]]> Sat, 10 Mar 2012 10:37:54 +0200 http://www.sto.co.za/forum/topic/7844-CP-cyclical-painting-shortfall http://www.sto.co.za/forum/topic/7844-CP-cyclical-painting-shortfall
read more]]> Sat, 10 Mar 2012 10:37:54 +0200 http://www.sto.co.za/forum/topic/7842-Contested-Budget http://www.sto.co.za/forum/topic/7842-Contested-Budget
read more]]> Fri, 09 Mar 2012 15:40:18 +0200 http://www.sto.co.za/forum/topic/7841-Fines-to-enforce-rules-illegal? http://www.sto.co.za/forum/topic/7841-Fines-to-enforce-rules-illegal?
We have a schedule of fines in our Conduct Rules approved at a SGM, filed at Deeds Office and a reasonable procedure is followed to give owners a chance to "give their side" before trustees decide if a fine is applied or not.

Our managing agent received an opinion from an attorney who made the following points:
1. Fines affect the proprietary rights of all the owners, and as such Secti...

read more]]> Fri, 09 Mar 2012 06:51:08 +0200 http://www.sto.co.za/forum/topic/7840-Managing-Agents http://www.sto.co.za/forum/topic/7840-Managing-Agents 1. East Rand
2. North West (Potch)

Thank you...

read more]]> Thu, 08 Mar 2012 12:47:45 +0200 http://www.sto.co.za/forum/topic/7839-Patio-Extension http://www.sto.co.za/forum/topic/7839-Patio-Extension
read more]]> Wed, 07 Mar 2012 22:56:52 +0200 http://www.sto.co.za/forum/topic/7838-proxies-and-voting http://www.sto.co.za/forum/topic/7838-proxies-and-voting 2. The forst mortgagee who is the chairman and is ex wife who owns/ occupies the flat both attende the agm both voted, he as chair and she as part of meeting. is this legal.
3. the chariman who lives in jhb and comes to meetings in Durban, then meets wit attorneys to discuss me and the legal fees are put onto my lvey accou...

read more]]> Wed, 07 Mar 2012 22:43:14 +0200 http://www.sto.co.za/forum/topic/7837-Garden http://www.sto.co.za/forum/topic/7837-Garden
Water has been locked and we have had the garden for 18 years now. they say if the plants belong to us then we are to supply water but the garden is on communal property?

Another question does anyone know if there will be an Ombudsman for Sectional Titles?...

read more]]> Wed, 07 Mar 2012 16:01:53 +0200 http://www.sto.co.za/forum/topic/7836-Trustees\'-Estimates http://www.sto.co.za/forum/topic/7836-Trustees\'-Estimates It is my understanding that these estimates must now be prepared at the end of the financial year.
My question is does that mean that these estimates still have to be approved by owners at the AGM with or without ammendment before the new levies can be established by the trustees as per PMR 31(3) within 14 days after the AGM and then only do these new levies bec...

read more]]> Wed, 07 Mar 2012 14:55:09 +0200 http://www.sto.co.za/forum/topic/7835-St-amendment---landgrab---eua http://www.sto.co.za/forum/topic/7835-St-amendment---landgrab---eua
The Sectional Titles Amendment Act, No. 11 of 2010 was published on December 7 2010 and one of the amendments is Section 24 (6) (d), which deals with the extension of sections in sectional title schemes. ...

read more]]> Wed, 07 Mar 2012 14:12:15 +0200 http://www.sto.co.za/forum/topic/7834-ST-Amendment-Act---repercussions http://www.sto.co.za/forum/topic/7834-ST-Amendment-Act---repercussions 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 se...

read more]]> Wed, 07 Mar 2012 13:54:36 +0200 http://www.sto.co.za/forum/topic/7833-Extra-rental-to-be-charged http://www.sto.co.za/forum/topic/7833-Extra-rental-to-be-charged
read more]]> Wed, 07 Mar 2012 12:56:59 +0200 http://www.sto.co.za/forum/topic/7832-trustee-decision-re-pets-legal- http://www.sto.co.za/forum/topic/7832-trustee-decision-re-pets-legal-
read more]]> Tue, 06 Mar 2012 21:45:07 +0200 http://www.sto.co.za/forum/topic/7831-conduct-rules- http://www.sto.co.za/forum/topic/7831-conduct-rules-
read more]]> Tue, 06 Mar 2012 21:34:49 +0200 http://www.sto.co.za/forum/topic/7830-Life-Right-and-Sectional-Title http://www.sto.co.za/forum/topic/7830-Life-Right-and-Sectional-Title
read more]]> Tue, 06 Mar 2012 11:08:45 +0200 http://www.sto.co.za/forum/topic/7829-What-Constitutes-Fair-Wear-and-Tear? http://www.sto.co.za/forum/topic/7829-What-Constitutes-Fair-Wear-and-Tear?
Regards
Lucky...

read more]]> Tue, 06 Mar 2012 10:36:36 +0200 http://www.sto.co.za/forum/topic/7828-Complex-liquidation http://www.sto.co.za/forum/topic/7828-Complex-liquidation Currently the developer and owner of the majority of the units are being liquidated.

what are my rights as an owner of a unit in this complex?
What can i do to protect my property?
THANK YOU,
Christo...

read more]]> Tue, 06 Mar 2012 08:58:25 +0200 http://www.sto.co.za/forum/topic/7827-HOA---directors-who-enrich-themselves http://www.sto.co.za/forum/topic/7827-HOA---directors-who-enrich-themselves However I would like to endorse the following for the running of a HOA Pty Ltd and would appreciate your comments.
In the USA there are also serious problems with the directors of HOA.( see suggestions from www below)
1) Disclosure – of all Articles and Restrictions and ...

read more]]> Mon, 05 Mar 2012 18:29:12 +0200 http://www.sto.co.za/forum/topic/7826-Calculation-of-levy-changed http://www.sto.co.za/forum/topic/7826-Calculation-of-levy-changed
read more]]> Mon, 05 Mar 2012 16:04:58 +0200 http://www.sto.co.za/forum/topic/7825-Can-I-reclaim-maintenance-costs-from-Body-Corporate-?- http://www.sto.co.za/forum/topic/7825-Can-I-reclaim-maintenance-costs-from-Body-Corporate-?- I am living a sectional title complex which is currenty under severe financial strain, due to poor past management, lack of adequate budgeting, etc. Which the current Trustees are trying to remediate by implementing higher special levies and higher percentage increases on the levies. Until the financials are in the black, they have undertaken not to do any maintenance work on the common prope...

read more]]> Mon, 05 Mar 2012 14:54:30 +0200 http://www.sto.co.za/forum/topic/7824-CPA-consumer-protection-act http://www.sto.co.za/forum/topic/7824-CPA-consumer-protection-act HOA and CPA (Consumer Protection Act)
How does homeowners of a HOA benefit from the CPA?
'juristic person' includes-
(a) a body corporate;
(b) a partnership or association; or
(c) a trust as defined in the Trust Property [Control] Act, 1988 (Act 57 of 1988); [note this provision]
'transaction' means-
(a) in respect of a person acting in the ordinary course of bu...

read more]]> Mon, 05 Mar 2012 12:43:11 +0200 http://www.sto.co.za/forum/topic/7823-New-Companies-Act-and-HOA-Pty-Ltd http://www.sto.co.za/forum/topic/7823-New-Companies-Act-and-HOA-Pty-Ltd
HOA are Planned community property development
The abusive way in which some HOA Pty Ltd Directors HOA Pty Ltd run their HOA, makes one propose:
HOAs are subject to the same laws and protections of our government while still retaining the individual rules and regulations so dear to many as may be their belief in protecting prope...

read more]]> Mon, 05 Mar 2012 12:11:31 +0200 http://www.sto.co.za/forum/topic/7822-Protect-my-tenant http://www.sto.co.za/forum/topic/7822-Protect-my-tenant
I recently got a letter from the lawyer of the Body Corporate stating that I need to give my tenant notice or they will get an eviction order from High Court. Apparently she makes their lives living hell and there is allegations of attacks on kids. No proof however and she does have witnesses on what really happened. I have had previous issues with the chairman as he targets my tenant...

read more]]> Mon, 05 Mar 2012 10:26:46 +0200 http://www.sto.co.za/forum/topic/7821-Shade-trees-removed---louvredeck-\"roofs\" http://www.sto.co.za/forum/topic/7821-Shade-trees-removed---louvredeck-\"roofs\" the downstairs unit owners complained that it was cold in winter. The trustees decided to remove the trees. They did not have a trustees meeting (no minutes forthcoming). They did not have a special general meeting. They gave no notice. while they were cutting down the trees, we phoned and were told that that has already been p...

read more]]> Mon, 05 Mar 2012 10:23:38 +0200 http://www.sto.co.za/forum/topic/7820-HOA--Home-Owners-Associaiton-Pty-Ltd http://www.sto.co.za/forum/topic/7820-HOA--Home-Owners-Associaiton-Pty-Ltd Please help.
NON-PROFIT HOME OWNERS ASSOCIATION PTY LTD.
FIDUCIARY DUTIES OF DIRECTORS OF NON PROFIT HOA PRY LTD..
ABUSE OF POWER OF DIRECTORS.
COMPLIANCE WITH COMPANY'S ACT FOR HOA PTY LTD,
COMPETITION ACT COMPLIANCE OF DIRECTORS OF HOA.
CONSUMER PROTECTION ACT COMPLIANCE OF DIRECTORS OF HOA PTY LTD.
LEGAL RECOURSE UNDER CONSUMER PROTECTION ACT.
...

read more]]> Mon, 05 Mar 2012 07:11:49 +0200 http://www.sto.co.za/forum/topic/7819-Making-BC-parking-bays-EUA\'s- http://www.sto.co.za/forum/topic/7819-Making-BC-parking-bays-EUA\'s-
If these parking bays were made into EUA's and allocated to the owners who do not have garages 60% of the owners would be adversely affected due to loss of income which would result in all levies being increased. Those r...

read more]]> Mon, 05 Mar 2012 00:06:34 +0200 http://www.sto.co.za/forum/topic/7818-Chairman-material-? http://www.sto.co.za/forum/topic/7818-Chairman-material-?
read more]]> Sun, 04 Mar 2012 15:15:48 +0200 http://www.sto.co.za/forum/topic/7817-Body-Corporate-Admin http://www.sto.co.za/forum/topic/7817-Body-Corporate-Admin
read more]]> Sun, 04 Mar 2012 13:40:31 +0200 http://www.sto.co.za/forum/topic/7816-Noisy-Restaurant-in-HOA-Pty-Ltd http://www.sto.co.za/forum/topic/7816-Noisy-Restaurant-in-HOA-Pty-Ltd We own, as common property only a few meters around the sectional title complex. the rest is common property of the HOA.
a restaurant is being run on the bottom floor of the sectional title complex, which is fine as it is enclosed and the guests eat their meals quietly...

read more]]> Sun, 04 Mar 2012 06:13:20 +0200 http://www.sto.co.za/forum/topic/7815-Courtyards-built-on-Common-Property http://www.sto.co.za/forum/topic/7815-Courtyards-built-on-Common-Property Can some (10) owners in a complex simply "annex" parts of common property and fence it in and use it as Exclusive Use Area gardens?
No, i am sure they cannot.
If it was that simple, could the other 10 owners than simply take it back?
i.e. simply remove the fences? If the chairman and trustees feel too intimidated to do so?
There is no possibility that the 10 other owners ...

read more]]> Sat, 03 Mar 2012 18:40:12 +0200 http://www.sto.co.za/forum/topic/7813-Special-levy-on-garage-same-as-on-unit? http://www.sto.co.za/forum/topic/7813-Special-levy-on-garage-same-as-on-unit?
read more]]> Thu, 01 Mar 2012 23:53:12 +0200 http://www.sto.co.za/forum/topic/7814-Special-levy-on-garage-same-as-on-unit? http://www.sto.co.za/forum/topic/7814-Special-levy-on-garage-same-as-on-unit?
read more]]> Thu, 01 Mar 2012 23:53:12 +0200 http://www.sto.co.za/forum/topic/7812-Arrear-Municipal-Bills http://www.sto.co.za/forum/topic/7812-Arrear-Municipal-Bills
read more]]> Thu, 01 Mar 2012 18:56:35 +0200 http://www.sto.co.za/forum/topic/7811-How-to-deal-with-a-liar-relatives http://www.sto.co.za/forum/topic/7811-How-to-deal-with-a-liar-relatives My question is , is it legal that one of my relatives asking to build a house to my parent with the proper permission that only wood house, but change into the concrete house without proper approval to the parent...what should I do for a legal action. ...

read more]]> Thu, 01 Mar 2012 12:15:57 +0200 http://www.sto.co.za/forum/topic/7810-Instructed-by-Body-corp-to-remove-tree-in-garden-not-registered-as-EUA http://www.sto.co.za/forum/topic/7810-Instructed-by-Body-corp-to-remove-tree-in-garden-not-registered-as-EUA
read more]]> Thu, 01 Mar 2012 11:41:09 +0200 http://www.sto.co.za/forum/topic/7809-Legal-or-not? http://www.sto.co.za/forum/topic/7809-Legal-or-not?
My question is, a person was unfortunately retrenched from work. (Feel sorry for him.) He is now working for an "atorney's" firm who provide MA services to +/- 55 Complexes.

The "retrenched" person is now employed to manage around 30 Complexes for the atorney. To my knowledge he has completed no ST training.

Is it legal to work as an MA without the required qualificati...

read more]]> Thu, 01 Mar 2012 10:27:13 +0200 http://www.sto.co.za/forum/topic/7807-common-property http://www.sto.co.za/forum/topic/7807-common-property
read more]]> Wed, 29 Feb 2012 19:35:31 +0200 http://www.sto.co.za/forum/topic/7806-Downpipes http://www.sto.co.za/forum/topic/7806-Downpipes
read more]]> Wed, 29 Feb 2012 18:15:50 +0200 http://www.sto.co.za/forum/topic/7805-Managing-Agent http://www.sto.co.za/forum/topic/7805-Managing-Agent
read more]]> Wed, 29 Feb 2012 14:06:08 +0200 http://www.sto.co.za/forum/topic/7804-amendment-to-act http://www.sto.co.za/forum/topic/7804-amendment-to-act
read more]]> Tue, 28 Feb 2012 21:17:05 +0200 http://www.sto.co.za/forum/topic/7803-owners-responsibility http://www.sto.co.za/forum/topic/7803-owners-responsibility
read more]]> Tue, 28 Feb 2012 12:03:08 +0200 http://www.sto.co.za/forum/topic/7802-Special-General-Meeting http://www.sto.co.za/forum/topic/7802-Special-General-Meeting
It is virtually impossible to have a general meeting with a legal quorum. There are only four units with nearly the same PQs and one owner is very seldom available.

There is no postal delivery.
There is only one owner whose PO Box number is known.
Owners are too seldom at their units for hand delivery.

However, all owners have ind...

read more]]> Tue, 28 Feb 2012 05:18:23 +0200 http://www.sto.co.za/forum/topic/7801-Developers-Rights http://www.sto.co.za/forum/topic/7801-Developers-Rights
read more]]> Mon, 27 Feb 2012 08:58:30 +0200 http://www.sto.co.za/forum/topic/7800-Fenced-off-common-property http://www.sto.co.za/forum/topic/7800-Fenced-off-common-property When the developer's estate agent sold the property, they were sold as upstairs and garden units. Owners who bought "garden units" believe they purchased these gardens.
Also, units were sold w...

read more]]> Sun, 26 Feb 2012 18:40:44 +0200 http://www.sto.co.za/forum/topic/7799-Parking-Bay-Problem http://www.sto.co.za/forum/topic/7799-Parking-Bay-Problem
read more]]> Sun, 26 Feb 2012 16:16:13 +0200 http://www.sto.co.za/forum/topic/7798-chairman-job-? http://www.sto.co.za/forum/topic/7798-chairman-job-? The other trustees are 'maybe too old' to oppose him.
I read the new amendments and the minister signed end Sept 2011 and it says 'comes into effect
30 days later' thats 28 Oct 2011.
Some people say its not yet in force...?
Whats your idea of that.?

Lenny...

read more]]> Sun, 26 Feb 2012 11:05:56 +0200 http://www.sto.co.za/forum/topic/7797-Electricity-billing http://www.sto.co.za/forum/topic/7797-Electricity-billing Pro rata share of the Basic charges.
the units multiplied by the rate at the time. (we get a varied unit amount at different times of the year) In order to level the fluctuations as much as possible we charge slightly more than the average unit charge. any surplus at th...

read more]]> Fri, 24 Feb 2012 13:27:49 +0200 http://www.sto.co.za/forum/topic/7796-access http://www.sto.co.za/forum/topic/7796-access
read more]]> Fri, 24 Feb 2012 11:08:49 +0200 http://www.sto.co.za/forum/topic/7795-Disconnection-of-Electricity http://www.sto.co.za/forum/topic/7795-Disconnection-of-Electricity
read more]]> Fri, 24 Feb 2012 10:26:12 +0200 http://www.sto.co.za/forum/topic/7793-Management-Agents- http://www.sto.co.za/forum/topic/7793-Management-Agents-
Surely the new trustees must advise the management agent what steps to take to bring the defaulters to book.

The responsibility lies with the trustees. I am almost ...

read more]]> Fri, 24 Feb 2012 10:00:12 +0200