Real Estate Investor Magazine South Africa April 2014 | Page 8

ASK THE EXPERTS

Q

Issues with Trustees

Veronica Wilkinson Asks:

An ongoing situation at my sectional title property involves a birds nest outside the second floor flat, making it
unsightly, unsanitary and noisy. A report was made to the chairperson and management agent in December 2013 and
to date, no action has been taken. Frustration from a lack of response and accountability prompts me to ask what can
be done in a situation like this when trustees of a body corporate make themselves available to perform a service and
hire management agents and contractors but don’t bother to respond to an owner’s inquiries or complaints?

A

Mike Morey, Pam Golding Properties Answers:

Management Rules: In terms of the Act [section 38(j)] the Body Corporate,
represented by the Trustees as indicated in 1 herein, has a mandatory obligation
to do all things reasonably for the enforcement of the rules and for the control,
management and administration of the common property. It is thus clear that
the Trustees are obliged to make sure that the Rules are available and being
adhered to by Contractors. Trustees, exercising their duties & reporting to
Trustees: In terms o