Q: I have three children aged 6, 3 and 1. Sometimes they walk/run in the passage. Apparently, my neighbor downstairs can hear the sound and is affected by the noise. I have explained to him that they are children and I cannot tie them down. Do you have any suggestions on how I can resolve this problem? - Ramona Thasan
A: Some people are not meant to living in a communal environment - they will complain about everything! There is nothing you can do except keep you kids in at certain "quiet times" eg. Saturday and Sunday afternoons.
During the week they can wear ear plugs and consider another place to live.
Q: I have a question regarding renovations done at my building.
I have been living in this complex for a year now. Last year our levies were raised for the proposed waterproofing, tiling and painting that needed to be done to the building. In February we got a letter with a schedule of the contact work to be done, the contract was scheduled to be completed by the end of May.
It is now the 20th of August and there is no end in sight of the work that still needs to be done. The waterproofing is down on my balcony but no tiling or painting. I have pretty much been living in a building sight for six months now.
I am an owner of one of the units and have not been informed on any of the decisions that have been made by the trustees. I was informed yesterday that there will be a meeting of the trustees to discuss the matter and was told as an owner that I could not attend. Do I not have a lawful right as a homeowner to be there or at least then be supplied with minutes of the meeting.
I am at my wits' end as I watch my first investment devaluate everyday. Where do I go from here?
Any advice would be much appreciated. - Naomi Wessels
A: Owners are entitled to attend and speak at any trustees' meeting (Management rules 15(5)). The trustees may not refuse any owner from attending their meeting - you may not vote at these meetings.
Instruct the trustees/managing agent that you wish to be at every trustees meeting in the future - you will find it well worth the effort and you will then know what is going on at your complex.
You can also have copies of all their previous meetings too.
Q: We have a guy in our complex that has an obsession to have his unit looking different than other units in our complex. We have 35 units registered and all look the same, the only difference is that some units were given permission to totally enclose their carports to be a closed garage with a rollup door, whereas others obtained permission to extend their cardboards to a two-in-one unit or two garages enclosed.
This guy now went along and tried to persuade people to sign his petition so that he can add some decorations to the open side of his carport to give it a Victorian style. The problem we have is that none of the other people want to have the same decorations installed or cannot afford it, or cannot install such decorations due to changes being made to carports as mentioned above.
I feel that no permission can be given unless all units with open carports are changed to have the same appearance, and most importantly within a short time (three months), otherwise some might take years to do these changes and some never. Please be so kind as to let me know if I am unfair or do I have the right to appeal if permission has been granted for one owner to change the appearance of his unit. - Berths de Jaeger
A: The trustees are responsible for the harmonious appearance of the complex. Therefore, should they believe the alterations will look odd or of out of character
They have a duty to refuse this person's request.
Management Rule 68(iv) reads: An owner shall not do anything to his section or exclusive use area which is likely to prejudice the harmonious appearance of the building.
Be firm, this may well be the thin edge of the wedge.
Q: When purchasing property, why is it a fact of life, that the agent, seller or transferring attorneys don't give the purchaser/new owner the approved plan of the property as part and parcel of the deal?
We have just purchased a sectional title property, and no plans were available to scrutinise at any stage of the purchase. Neither the transferring attorney nor the previous owner had knowledge of a plan being available to us.
When I asked other owners of the complex if they had a copy of any plan for their unit or the complex, no one seemed to know what I was talking about! Is there any regulation that stipulates that plans should be given as a matter of fact? - Ian Garden
A: They don't give it because it is never asked for.
When buying into sectional title one should get a copy of the last AGM minutes, a copy of the last financial report, copy of the sectional title plans so that you can see what it you are buying. With the new EAB training - the future looks good as only agents that pass exams on sectional title will be able to sell sectional title units.
You can download a plan of your complex from the Deeds Office on www.sto.co.za.
Q: I own a unit in Gauteng and I'm having a difficult time with a special levy issue. I was notified on 13 May 2008 that there is problem with the Body Corporate's financial status and that a special levy would have to be introduced; I understand this and know that the only way to correct this is by paying a special levy. It was then introduced on the very next statement. I was never previously informed of the amount. I have made several attempts to arrange a more affordable payment option. That, I think, is very fair, but to no avail. I was refused a more affordable payment option.
My normal levy is up to date but I am now also burdened with interest charges and R200 for two arrears letters.
What are my rights if any? Can they refuse a special payment arrangement? Was the amount of the special levy meant to be disclosed before introducing it?
What will happen to the additional charges, they took almost three months to tell me that no arrangement can be made? - Ronelle
A: Sectional title has its woes and this is one of them! You have to pay the special levy.
The trustees may allow you to take it over a longer period (if they want to), but you will have to pay additional interest for that extra 12 months. I am sure their fear is that if they give you 24 months then why not give anyone 24 months and the problem then takes 24 months to solve whereas this way it is its over in 12 months.
You can use your access facility on your bond to pay the special levy and your bond payment will increase slightly.
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