Mike Spencer – Platinum Global
The managing agents must be registered with the EAAB (eaab.org.za). Write the a letter of demand for the names and contact details of the owners in your scheme. Preferably via an attorney.
In terms of the Sectional Titles Act, the managing agent would be in breach of the code of conduct of the EAAB if they refused to give you this information.
If they still will not give it to you you can lay a complaint with the EAAB, the Consumer Council in your area, the Consumer Complaints South Africa, National Consumer Commission or with NAMA the National Association of Managing Agents.
You can also send them a lawyers letter that you will hold them financially responsible for all financial losses in obtaining this information elsewhere, talk to you lawyer about your rights to obtain public information, write to the trustees and point out the same thing to them that they are obliged to give you this information and that if they refuse to do so then they are being Mala Fide and will be held personally liable for any losses or costs incurred in obtaining this information elsewhere.
Remember that no improvements that effect the levy or special levy can be made without the trustees first notifying the owners and giving them 30 days to object. If they object then they have to call a special meeting regarding the proposed improvements and cannot go ahead before then. The meeting would then decide on what to do.
Write to the managing agent and to the trustees and insist that various items be placed on the agenda of the next AGM. You can decide what you need to have discussed by the meeting.
If any of the Trustees are in arrears with their levy or are still in breach of any of the Rules of the Body Corporate after written notice has been given they are automatically removed as Trustees.
Note that if you have 25% of the people you can insist that the trustees call a SGM or you can call it yourselves.
If this person that you are talking about is involved with the company offering the security services and has not declared this or if he/she is receiving a kick back or if they did not exclude themselves from the voting on using these people then they could be guilty of corrupt practice.
And this corruption can be reported to the corruption hot line.
They must allow you to attend the trustee meeting and speak at the meeting but you do not have a vote. It would be better to take other owners with you if possible. If you are really having a problem then take your attorney along with you.
My advice is to find yourself some good trustees to be on the committee which can be voted in on the next AGM, your difficulty being that you need the names and contact details to rally the support in the form of proxies that you need.
When you are doing this get yourself proxies that are in force until such time as they are revoked. I.e. you can talk on behalf of your friends at any meeting in the future without having to do more than send them a copy.
To make sure they cannot oppose you make sure that if it is a Trust/CC/Pty Ltd etc that the Trust etc gives you the proxy in writing not the individual and that there is a proper extract of the minutes of the trust etc. authorising them to give you the proxy etc.
Then at the meeting insist that for each of the Chairman’s proxies that they provide the same information or the proxy is not valid.
This problem of trustees running the building without reference to owners is simply unacceptable. I cannot comment on whether the painting or the security is more important – but would suggest that the trustees do not have the power to appoint somebody for such a large sum unless it was budgeted for or presented to a full meeting of the owners.
Read the reader’s question here.
