Pam Golding have been fielding letters, on what appears to be a change in EUA (Exclusive Use Area) maintenance. Over the years there was always a debate on who was responsible for what, when it comes to exclusive use areas. So what is an exclusive use area? Well, it comprises of your garden area including the gate between the drive way and the car port, It also comprises the small garden area outside your from door. In other words any part or item that is exclusively used by you the resident of a unit.
For some time now the trustees have been asking this same question with regard to the responsibility of EUA's, simply because it is the trustees responsibility to protect the funds collected through our levies, and ensure that; "what's good for one, is good for all". Pam Golding, through our portfolio manager, responded to the questions and sought advice from sectional title attorney's. The original response from Tertius Maree attorney's can be read by clicking on the appropriate link below. I have also attached the letter distributed by Pam Golding for you to refer to should you so desire.
To further clarify the the issue around EUA's, I have attached a link to the latest *Paddocks Press article on the subject. I like this article because it speaks in terms that we can all understand. I trust the attached documents will help clear up any misunderstandings owners may have.
Pam Golding Letter on EUA Maintenance
Tertius Maree Memorandum
Paddocks Press On Maintenance
*Paddocks Press is a monthly newsletter distributed by Proff. Graham Paddock who is himself, a sectional title attorney. His web site is: http://www.paddocks.co.za/ Over the years I have found his site to be very helpful.
29 April 2011
28 April 2011
Sectional Title Vs. Urban Decay
In my opinion sectional title blocks can and do contribute to urban decay. I say this because, there are many sectional title blocks on the Blaauwberg road, that have fallen into the trap of letting things go to the point of decay. A drive down Parklands main road is full of examples of varying stages of urban decay. I would suggest that this is mainly due to people buying into sectional title without realising that the sectional title act, is designed in such a way as to protect owners from the ills of urban decay.
So what can be done about it. Well to start with, you need trustees who are not scared of making unpopular decisions, as long as these decisions serve the greater good of the sectional title community. I say this because I have heard of trustees preying on owners' ignorance of the act, in order to serve their own needs.
There have been many occasions where the trustees of Rietvlei, have had to deal with situations that contravene the act, and let me tell you, it's no fun. But standing by and allowing things to decay is not an option.
As we stand at this moment, we do have people who care enough about Rietvlei Park to stand up and be counted, however, they can't do this forever. Our stalwart in the fight against decay: Glenda, has been looking after our interests for some 17 years now, together the two of us have learned a great deal about the sectional title act. But here's the thing; we have done nothing that any other owner cannot do. It's time for owners; especially resident owners, to familiarise themselves with the legal documents pertaining to our complex and to make themselves available for nomination as trustees. If Rietvlei Park is to enjoy the future it deserves, its up to all the owners and residents to participate in it's upkeep. Believe me when I tell you, the line is very thin between "a great place to live" and an "embarrassment to to the good people living here".
So what can be done about it. Well to start with, you need trustees who are not scared of making unpopular decisions, as long as these decisions serve the greater good of the sectional title community. I say this because I have heard of trustees preying on owners' ignorance of the act, in order to serve their own needs.
There have been many occasions where the trustees of Rietvlei, have had to deal with situations that contravene the act, and let me tell you, it's no fun. But standing by and allowing things to decay is not an option.
As we stand at this moment, we do have people who care enough about Rietvlei Park to stand up and be counted, however, they can't do this forever. Our stalwart in the fight against decay: Glenda, has been looking after our interests for some 17 years now, together the two of us have learned a great deal about the sectional title act. But here's the thing; we have done nothing that any other owner cannot do. It's time for owners; especially resident owners, to familiarise themselves with the legal documents pertaining to our complex and to make themselves available for nomination as trustees. If Rietvlei Park is to enjoy the future it deserves, its up to all the owners and residents to participate in it's upkeep. Believe me when I tell you, the line is very thin between "a great place to live" and an "embarrassment to to the good people living here".
21 April 2011
Sectional Title Act Documents
Living in Sectional Title may not be for every one - But for those of us who have bought into sectional title, not fully understanding what we were letting ourselves in for; which is probably most of us - Have at some time or another had a bit of a rude awakening. Soon after my wife and I bought into Rietvlei, I decided to try and find out more about sectional title. I managed to lay my hands on a copy of the act and then started to read up and acquaint myself with the all things sectional title, not to mention the legal jargon. It's been quite an interesting journey I must say.
Along this journey we also discovered that not only is there a sectional title act but also, substituted management rules and substituted conduct rules, which were created specifically for Rietvlei Park. These two documents have been validated by a notary attorney and registered in the deeds office. The substituted rules are the documents that the trustees are legally obliged to apply when dealing with issues in our complex. However, if the Sectional Title Act is amended, as it is from time to time. The amendments in the act supersede our substituted rules. If there are issues not covered by the substituted rules the guide lines in the act will apply.
I have uploaded the Rietvlei Park documents to the web for you to reference as and when you see fit. Click on the link to access them:
The only document not included in this post are the "House Rules", this because they are updated from time to time, in accordance with conduct rule 27 in the substituted conduct rules. Should you require an up to date copy, please ask your trustee.
There is one rule we should all learn and abide by and that is: Always apply equal measures of consideration and tolerance when dealing with your neighbours.
20 April 2011
Burst Pipe On the Common Property?
Actually, of the seven water leak problems on the common property, experienced over the last 23 years, there was only one case where a pipe could have been classed as "burst". This was a main line "T-piece", that was punctured by a sharp rock. Generally water leaks occur at valves, joints and termination connections. That issue aside, I want to dedicate this post to what you can do when the water is switched off.
But before we get to that, let's just take a look at the historical responses to temporary water supply cut's; this being my motivation for writing this post. What generally happens is the trustees get bombarded with phone calls; which is understandable - people want to know when the water will be switched back on so that they can plan around it. But, what burns my butt, are the people who seem to loose all sense of reason. We had one tenant on the last leak claiming it was her constitutional right to have water - Needless to say, the reply contained a statement implying yeah, mine too. By-the-way, the constitution says everyone has the right to 25 Litres of water. . . The average Rietvlei Park geyser holds 250 Litres of water.
Now that we have your rights sorted, lets explorer what you the residents can do about minimising the effects of no water supply:
With the stopcock closed, you are stopping water from running out of the geyser through the incoming water supply pipe. In other words the water runs back due to the main line leak.
But before we get to that, let's just take a look at the historical responses to temporary water supply cut's; this being my motivation for writing this post. What generally happens is the trustees get bombarded with phone calls; which is understandable - people want to know when the water will be switched back on so that they can plan around it. But, what burns my butt, are the people who seem to loose all sense of reason. We had one tenant on the last leak claiming it was her constitutional right to have water - Needless to say, the reply contained a statement implying yeah, mine too. By-the-way, the constitution says everyone has the right to 25 Litres of water. . . The average Rietvlei Park geyser holds 250 Litres of water.
Now that we have your rights sorted, lets explorer what you the residents can do about minimising the effects of no water supply:
- Switch off your geyser at the distribution board behind your front door.
- Close the stopcock (tap) to your unit. (The stopcock is in the small garden outside your front door).
With the stopcock closed, you are stopping water from running out of the geyser through the incoming water supply pipe. In other words the water runs back due to the main line leak.
11 April 2011
Welcome to all Rietvlei Park Residents
In this modern day using the internet has become commonplace in most households. So, with this in mind, I thought it would be a good idea to start a blog. My thinking is, that the trustees can post information about commonly asked questions. For example what is the approved position for a satellite dish. We could post the year end chairman's letter and so on. It is largely up to you, the members. So let's give it a try and see what transpires.
Regards
Steve
Regards
Steve
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