Paddocks Press is a monthly free digital newsletter published to educate and update the sectional title community. The issue (Volume 7, Issue 7) has a number of articles of interest, including:
Qualification for service as an executive in a Home Owners’ Association - Anton Kelly
According to the Companies Act, what disqualifies an individual to serve as a director?
Recently we wrote about the fiduciary duty of trustees and directors of Home Owners’ Associations (HOAs). This duty is a duty of care and skill and it is owed to the association itself in the broadest sense. But what are the skills necessary for the performance of this fiduciary duty? What qualifies an individual to serve as an executive in a home owners’ association?
Retaining walls vs boundary walls - Bruce Gibson
How does the insurance industry define retaining walls?
In a recent incident at one of our client’s properties, a retaining wall collapsed. A claim was lodged, however, the insurers declined the body corporate’s claim for the re-construction of the wall. The insurers stated that in terms of the policy wording, the wall should have been specifically insured. Were the insurers correct in their decision? Are retaining walls not part of the common property?
Q&A with the Professor - Prof Graham Paddock