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Hi there,
As we head into the second half of the year, community schemes continue to face increasing governance, financial and compliance demands, making ongoing professional development more important than ever.
In this edition, we've included an interesting featured article, along with practical insights and resources to help you stay informed.
If you've been considering furthering your knowledge, don't forget that the early-bird discount on three of our most popular courses ends next week.
Secure your place now before the offer closes.
FEATURED ARTICLE:
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In this article, Jennifer Paddock examines whether a trustee can insist on a written "right of reply" before members vote on their removal.
She unpacks what the STSMA requires, the role of procedural fairness, and why the general meeting remains the proper forum for members to hear both sides before making their decision.
Read Article
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INDUSTRY RECOGNISED COURSES:
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Need an answer fast? Paddocks Club members can ask questions online, with most questions answered by a lawyer within 24 hours. Here is one of many we receive each month...
Answer: In this case, the owners are responsible to repair and maintain the stoeps which form part of their sections [section 13(1)(c) STSM Act] but if they can show that the damage to their stoeps was caused as a direct result of the body corporate’s failure to properly maintain the common property (e.g. keeping common property tree roots under control) which it is obliged to do under section 3(1)(l) STSM Act, then the law of delict allows owners to claim the reasonable costs of their stoep repairs from the body corporate.
If there is proof that the stoep damage is a direct result of the BC’s failure to properly maintain the common property and the BC refuses to pay the reasonable costs of the stoep repairs, the owner concerned can make an application to the CSOS under section 39(1)(e) of the CSOS Act for “an order for the payment or re-payment of a contribution or any other amount”.
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