Q&A – 2020 11

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!

Is it legal to take photos of residents who are contravening the conduct rules?

Member’s question:

Good day Paddocks,

Is it legal to take photos of residents and their children who are contravening the conduct rules? Every time we lodge a complaint, the Managing Agent insists we provide proof of the transgression by way of photos or audio recordings. This is causing a bigger problem amongst the residents and they say it is illegal. I can’t find anywhere to say this is illegal. The pictures are not being used for any other purpose but to provide proof of what rule they were breaking. Can we defend this or how should we rather be dealing with the situations that arise?

Regards

Graham’s answer:

Dear member,

In my view, taking photographs and making audio recordings to show nuisance and contravention of conduct rules makes perfect sense. It is a necessary part of the gathering of proof of the contravention.

There is no law against taking photographs of things and people on the common property, as long as the people in question do not have a reasonable expectation of privacy. So, for example, you must not take photographs of others in common property toilets or swimming pool changing rooms.

People do have an expectation of privacy in their sections and enclosed Exclusive Use Areas – but when the body corporate exercises its right to inspect these areas, as provided for in the Sectional Titles Schemes Management Act when it needs to investigate maintenance issues or alleged rule breaches, its representatives are entitled to take relevant photographs.

All the same principles apply to audio recordings.

Regards,
Graham

Can a body corporate report a flawed CSOS Order?

Member’s question:

Good day Paddocks,

We have just lost a case with CSOS because the adjudicator has found that the pre-2016 rule that we allege was broken was ultra vires. This rule had essentially the same wording as a current Prescribed Conduct Rule.

We do not want to take this to the High Court, can we send a complaint to the Ombud about what we feel is a seriously flawed adjudication order?

Thank you.

Graham’s answer:

Dear member,

Yes, you can, and you could send a copy of your complaint to the Acting Chief Ombud in Sandton

Regards,
Graham


Article reference: Paddocks Press: Volume 15, Issue 11.

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 – November 2020 Edition.

Source: https://www.paddocks.co.za/paddocks-press-newsletter/qa-2020-11/

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