Sticky legal situation. What are my options?

[acidrain]

Hi Guys,

I'm currently in, well not a sticky situation, but one which quite frankly I'm not sure what to do.

Here's the just of the story.

2 months ago, I moved into a block of flats. Shortly afterwards I put a request, via email (of which I still have proof), to the management company to install a wireless antenna for my wug as it's is my general understanding that any permanent structure/installation would require approval.

I did not get a response from the guy regarding my request so what I decided to do was temporarily install it using cable ties ( so no drilling or any change to the building was made ) until such a time that the permission was granted.

I recently ( last thursday ) got an email which was forwarded to me via my landlord, from said management company to remove the antenna immediately as no permission was granted. I explained that it was just a temporary measure and that I did put a request through for permission as well as forwarded proof of such request. Turns out even temporary installs are against the common property rules and regulations ( which was not given to me when I went to collect my tag for the gate ) so I said I would happily remove it as soon as I got home.

When i got home, ready to remove the antenna, I noticed it was already gone. All that was left was a cut network cable hanging out my window. I eventually located my equipment only to find that not only was the network cable cut, but the lmr ( antenna cable ) was just yanked out the box. Additionally as the network cable runs on a PoE device and it was live when they took it down, it turns out that when they cut the cable, they short circuited my board which is also now broken.

I have since friday sent 2 emails requesting compensation as no formal letter was given to me or was I notified of the removal even after happily agreeing to take it down the same day i became aware of the problem. No replies have been received.

What I want to know is, will i have a case if i lay a charge of malicious injury to property?

I was advised by my father to take this step should they not reply to me.

Thanks

[bruce_the_loon]

I think you'd only get malicious damage to property to stick if the equipment was removed after your commitment to remove it once you got home. If it was removed before you spoke to them, and also depending on how long after the email was sent as well, they might have decided you were not going to comply and that they had to take action themselves.

The fact that it was mounted without permission, and ignorance of regulations is very seldom a defence unless it can be proved that the only copy of the regulations was buried under an ancient temple guarded by a three-headed dragon and the map of the minefield surrounding it was burned, would probably weigh against a malicious damage charge as well.

[Celine]

regardless of the rules, if the person agreed to comply and remove the thing then the person/s who damaged the property will have to pay in full for all damages done. a set period of time should have been given to the tenant to remove the "offending" equipment. he did request in writing to install the equipment and got no reply, so the owner/s have absolutely no leg to stand on with regards to damaging his property.

[ToxicBunny]

Ignorance of the regulations is not a defence at all.

BUT, if he was notified to remove the offending item, and duly agreed to do so once he returned home later that day, then whoever removed the aerial etc is liable for the damage to the equipment.

I would take whoever did that to your equipment to task over the wilful damage to the equipment dude.

[Beachless]

Go to the small claims court I'm sure you have a case.
You can claim up to R12000 if I remember correctly and it wont cost you anything.

[xrapidx]

Ouch - I'd be spitting fire.

[AstroTurf]

Small claims court is the way to go.

[Garyvdh]

Yes, go to the small claims court.

[eehellfire]

Yeah - I reckon you have a strong case. You asked for permission, and volunteered to take it down when they asked you to take it down.

[acidrain]

Cool thanks for the advise.

As for the period between accepting to remove the aerial and it being removed I'm not sure but I definitely imformed the management agent that it would be done the moment I got home.

The person who had my aerial is one of the trustees and the excuse for just taking it down was they thought it belonged to my neighbour and they have had several problems with them regarding rules violations so just took it down... Unaaceptable in my eyes since you can clearly see the cable going into my window.

If I have to pay a fine for neglecting the rules as per the rules recently provided to me then so be it, I'm sure its less than the R2k damage caused to me.

Do you apply directly with the small claims or do I still have to open a case up at the police station and if so what case do I open?

[Garyvdh]

Small claims court here.... http://www.justice.gov.za/scc/scc.htm
Pamphlet here... http://www.justice.gov.za/scc/docs/2..._final-web.pdf

Yes, I would definitely lay a charge at the police station of "Malicious Damage to Property"

[Koosi]

And people still want to live in complexes...

[acidrain]

Sent them a second email asking for feedback. Failing which I will take it further legally... let's see how quickly they reply.

And people still want to live in complexes...

Ya the issues that such comes with :/

[Hemi300c]

Don't take their excuses, they needed to give you warnings and didn't give notice either.

Nail them and insist on full compensation.

It sounds as if they are sticky with having your own antennas etc up so write that off for the future and start looking for another place. A Body Corporate can make or break a complex and it sounds as if this is a dictatorial bunch and I wouldn't want to stay there.

[Zyraz]

Must be one of the trustees got a virus from a file they copied over the WUG and wiped his/her pr0n collection :P