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Paddocks Press – Jan 2012

9 February 2012

Paddocks Press is a monthly free digital newsletter published to educate and update the sectional title community. The issue (Volume 7, Issue 1) has a number of articles of interest, including:

Quorum requirements for member meetings - Anton Kelly
The concept of the quorum for a meeting might not be clearly understood by everyone. A quorum can be defined as the requirement for members to be present at a meeting in order for that meeting to begin and make valid decisions. The quorum requirement may be a minimum number of members in person or may be the presence of members holding certain positions or qualifications, or all of these.

Swimming pool insurance - Bruce Gibson
Swimming pools are an increasingly common feature in many South African properties and sectional title properties are no exception. With summer in full swing, most swimming pools are being used on a daily basis. Children of all ages love spending time in the water, even those who cannot swim. Younger children have very little fear and are often unaware of the potential dangers that a pool presents.

Establishing a HOA - Karlo Hendriksz 
A HOA is commonly established in one of two ways:

1.    A new gated or secure development is approved by Council, one of the conditions of which is the establishment of an HOA in terms of section 29 of the Land Use Planning Ordinance No.15 of 1985 (Western Cape).

2.    A group of individual property owners go through a process to:
a.    Completely fence in an existing neighbourhood or cluster of properties
b.    Only opt to secure the area by placing monitoring systems or security personnel and associated equipment and structures at all access points to or through an area.

A HOA would be formed for control and to ensure that all parties contribute to operational expenses.

Q&A with the Professor - Prof Graham Paddock

  1. If an owner is in arrears with his levies but the unit is rented out, can the body corporate request the tenant to pay his rental over to the body corporate to bring the levies up to date? The outstanding amount on the levies is approximately R19,000. They have started with legal action against the owner.
  2. What would happen, if anything, to the single-title residential homes if the HOA became insolvent?

Paddocks Press Volume 7, Issue 1

Reader Comments: 1
Marcia du Pont 13/02/2012:

Depends on whether a bond is registered in favour of any bank/mortgagee, if so, then the said bank/mortgaggee has the first claim against any rent received for the renting of the property.

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