Q&A – 2020 06

By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Selling the unit but not the garage where they are separate sections

Member’s question:

Good day Paddocks,

In a complex where the garages are annotated on the sectional plans as separate sections, an owner wishes to sell his unit but not the garage. Firstly can this be done?

In this particular situation, the body corporate had implemented a rule which excludes the garages from paying any special levies or maintenance reserve and the ordinary levy is limited to the extent to which the cost of maintaining the garages is reflected in the budget.

Graham’s answer:

Dear member,

Normally this will be a breach of the relevant town planning scheme in terms of which the building plans were approved, because the garages are designed to service the dwelling units and are intended to be owned separately.

I suggest you ask the owner to enquire at the town planning department of the local council to see if this is allowed in this case.

In this scheme, it sounds as if the situation where a person owns only a garage would also cause financial inequities. If this matter goes further, I suggest the trustees get a proper opinion on the issue.

Regards,

Graham

Can trustees force the scheme to use their choice of WiFi/fibre provider

Member’s question:

Good day Paddocks,

Can the trustees force the block to use a specific internet/wifi/fibre provider?

Thank you.

Graham’s answer:

Dear member,

No, they cannot. If there is an issue here, I suggest those who are worried should get details of the proposed contract and consult an attorney for specific advice.

Regards,

Graham


Article reference: Paddocks Press: Volume 15, Issue 06.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – June 2020 Edition.

Source: https://www.paddocks.co.za/paddocks-press-newsletter/qa-2020-06/

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