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Paddocks Press - February 2016

31 March 2016

Paddocks Press is a monthly free digital newsletter published to educate and update the sectional title community. In this issue (Volume 11, Issue 02) Anton discusses trustee decisions in the video.

The right to privacy - Zerlinda van der Merwe
In this article, Zerlinda unpacks the right to privacy when living in a sectional title scheme. Security cameras installed on the scheme’s common property may potentially infringe an owner and occupier’s right to privacy. Zerlinda will similarly take a look at whether photographs taken, documenting breaches of the Sectional Titles Act (“the Act”) and the body corporate rules, may be considered as an infringement of an owner and occupier’s right to privacy.

Can a trustee also be appointed as a caretaker? - Carryn Melissa Durham
In this article, Carryn addresses the topic of whether a trustee can also be appointed as a caretaker. Only trustees who are owners can be appointed as caretakers, due to the disqualification contained in Prescribed Management Rule (“PMR”) 5(b). Trustees are empowered to employ a caretaker. In terms of section 38(a) of the Sectional Titles Act, the body corporate has the power to appoint such agents and employees as it may deem fit.

Blog post: Special resolution required to terminate managing agent's contract - Anton Kelly
In this blog post, Anton discusses the requirements for terminating a managing agent’s contract. The Sectional Titles Act and the prescribed rules specify that certain decisions be made by special or unanimous resolution or by all the owners in writing. Prescribed management rules (PMRs) 46 and 47, which deal with the managing agent’s employment, make a distinction between different types of endings to the agent’s employment, which is discussed in detail, in the post

Paddocks Club Q and A - Paddocks Club Team
Here are two interesting discussions held on Paddocks Club, in February:

  • Separate buildings, separate maintenance liabilities?
  • Authority to raise a bank loan

Paddocks Press Volume 11, Issue 02

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