Q&A – 2021 05

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!

Pest control maintenance and responsibility

Member’s question:

Good day Paddocks,

We have a sectional title scheme where there are a lot of issues regarding pest control and where and when the body corporate is responsible for the pest control and payment and when the owner is responsible.

1.) When is pest control for the owner’s account? (within a unit, exclusive use area, etc.)
2.) When is pest control for the body corporate’s account? (common property, inside & outside of the scheme)

Thank you in advance.

Regards

Graham’s answer:

Dear member,

In a section, the body corporate has the right to inspect and take the action required to eradicate pests. It also has the right to recover the associated costs from the owner. See Prescribed Conduct Rule 8.

On common property that is not subject to exclusive use rights, the body corporate must do the work and pay the associated costs out of its administrative fund.

In an exclusive use area, the body corporate must do the work if the owner fails to, and then recover the costs from the owner.

Regards,
Graham

Application of the POPI Act in home owners’ associations

Member’s question:

Good day Paddocks,

In light of the publishing of the POPI Act, could you kindly advise how the legislation would affect home owners’ associations and their obligations to make Domicile addresses of members available to other members, would it include cell numbers if the MOI allows? Would the HOA be required to make amendments to their MOI’s to accommodate the POPIA requirements?

Graham’s answer:

Dear member,

No, I do not believe that POPI Act will prevent HOAs from giving their members information that they are entitled to under the MOI, or information that they need to be able to contact their fellow members.

Regards,
Graham


Article reference: Paddocks Press: Volume 16, Issue 5.

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 – May 2021 Edition.

Source: https://www.paddocks.co.za/paddocks-press-newsletter/qa-2021-05/

Comments are closed, but trackbacks and pingbacks are open.