INDUSTRY OVERVIEW
of which can deteriorate to the extent that claims of defamation arise .
The first step in gaining control of a community ’ s social media presence is the registration of the estate , HOA , or management association ’ s name and , where applicable , its logo as registered trademarks . If the registered trademarks are still held by the developer , the association may wish to seek the assignment of the registered trademark / s so that they fall under its control .
As well as controlling its trademark / s , an association should give serious consideration to framing appropriate rules governing responsible social media use by members , or an appropriate social media policy . This should include , amongst other criteria , standards pertaining to acceptable posts .
DISASTER AND EMERGENCY MANAGEMENT The COVID-19 pandemic has highlighted the need to put in place disaster and emergency management rules , plans and structures to ensure that estates can be effectively managed through disasters and emergencies . We recall , when lockdown restrictions were first introduced , the confusion and debate over the extent to which they applied within gated estates .
To make our estates easier to govern in such situations it may well be advisable to clarify in an association ’ s governing documents / rules that during a disaster or emergency , management and / or the board is , inter alia , empowered to limit or suspend the use of communal facilities or amenities , and introduce and enforce such further rules as may be necessary in the communal interests .
And it ’ s not all about the pandemic ...
SUSTAINABILITY With load shedding , service delivery issues and deteriorating infrastructure being at the forefront in many communities , the need to adapt and advance to ensure sustainability of communities has become a priority . With this the implementation or updating of suitable rules , guidelines and / or policies governing the installation and use of generators , solar heating devices , water tanks and the like has become a necessity . In more dense estates and sectional title developments the framing of suitable controls can be quite challenging , and appropriate technical and legal guidance may be needed to ensure efficacy and fairness . Projects geared towards communities ’ gaining increasing control over the provision and maintenance of services such as electricity and fibre will also , no doubt , gain momentum .
And it does not end there . More and more communities are looking beyond their boundaries to uplift and assist neighbouring communities by developing appropriate partnerships and initiatives . This can either be achieved through existing or new , purpose-framed structures . If just some of the energy and drive that goes into managing our estates is applied to such initiatives , estate communities should be able to foster positive relationships , and aid upliftment where needed , to the obvious benefit of all involved .
These are but some of the issues your estate should be addressing in order to thrive and meet future challenges .
Lazelle Paola Cox Yeats Attoneys
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