body corporates

spiff said:
1) is it possible to force a BC to paint this wall?
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It may be an eyesore, but I doubt there is any legal grounds to force their hand.
spiff said:
2) can the COCT force them to paint the wall?
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Unless bylaws extend to this sort of thing, I doubt the COCT will get involved.

It ain't rosy no more in ST and BC's. New legislation has improved the way that a BC is financially managed including a documented 10-year maintenance plan. Once the plan is in place, the BC has to put in place sufficient reserves to maintain property for which they are responsible. Without adequate funding, the BC will be forced to prioritise what can be done with funds available. The boundary wall may have to wait a wee while till they can get to it.
 
Nobody Important said:
Then they need to raise the levies. That is the whole point of the body corporate collecting a levy. To budget forward for expenditure that will need to be incurred. Same as for any regular expense, they would raise the levy and budget for it knowing that it has to be done at a certain point in time.
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By law complexes must have X% of their levy amount in a seperate bank account for maintenanceand they need to charge a maintenance levy as a seperate line item on their levy statements.

That means they by law need to have the money. They also need to have a formalised 10 year plan that needs to be updates and adjusted for the next 10 years from that point.

Look up CSOS and see all the regulations there.
 
spiff said:
they painted the whole freaking complex out a few years ago - including both double story flats - so yes they have the money!
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So because they had the money for that they must have money for everything else as well? Great logic there.

Nobody Important said:
Then they need to raise the levies. That is the whole point of the body corporate collecting a levy. To budget forward for expenditure that will need to be incurred. Same as for any regular expense, they would raise the levy and budget for it knowing that it has to be done at a certain point in time.
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True but then they also face a backlash from residents.
 
McT said:
It may be an eyesore, but I doubt there is any legal grounds to force their hand.

Unless bylaws extend to this sort of thing, I doubt the COCT will get involved.

It ain't rosy no more in ST and BC's. New legislation has improved the way that a BC is financially managed including a documented 10-year maintenance plan. Once the plan is in place, the BC has to put in place sufficient reserves to maintain property for which they are responsible. Without adequate funding, the BC will be forced to prioritise what can be done with funds available. The boundary wall may have to wait a wee while till they can get to it.
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it's been waiting a wee while since 1997!
 
Swa said:
So because they had the money for that they must have money for everything else as well? Great logic there.

the residence pay a monthly levy - that's the draw back of a complex. when stuff needs to be done there should be a reserve fund.


True but then they also face a backlash from residents.
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tough shyt - you live in a complex - you kak n' betaal
 
The joys of living in a complex unfortunately. You want the "safety" then you've got to put up with small areas, living close to your neighbours and having to pay the levy.
 
spiff said:
they painted the whole freaking complex out a few years ago - including both double story flats - so yes they have the money!
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No necessarily. You will need to check the financial statements of the complex, as well as their budget and priorities, to report on whether they have sufficient money to paint the outside boundary wall. As they painted the whole complex, the cost of doing this could have placed serious financial strain on the complex's finances. Did they have to raise a special levy to perform the initial painting?
 
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spiff said:
Hi guys,

need some advice on body corporates.

There's a complex in my area that has not painted their 1 boundary wall since it was built in 1997, despite painting the whole complex a few years ago, this boundary wall faces the public road and has become an eyesore - cracked and lots of old faded peeling paint.

I have spoken to a person in "charge" but he first said it's the municipalities problem. Now he has changed his statement and admitted it's the BC problem, but now there are no funds to paint the wall.

1) is it possible to force a BC to paint this wall?

2) can the COCT force them to paint the wall?

another issue is that 1 of the tenants has core drilled 2 x 40mm drain holes from his private property inside the complex, through the wall, onto the public road to drain off excess rain water.
is this legal?

advice appreciated
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Yes, but you need to be a BC member or a tenant. Trustees of the BC have a duty (amongst others) to maintain the common property. STSMA mandates trustees to produce and lodge a 10 year maintenance plan, and a special (ringfenced and separate) reserve fund. If they are not doing maintenance, a BC member or tenant can take it to CSOS for a ruling (they usually give the trustees 30 days, check the CSOS site for past rulings). Lack of funds isn't an excuse, that's why trustees can (and have to) raise special levies. CSOS may relax a ruling if the BC is no longer a going concern (blood, stone), trustees/curators will need to provide financials to support this.
 
RonSwanson said:
Yes, but you need to be a BC member or a tenant. Trustees of the BC have a duty (amongst others) to maintain the common property. STSMA mandates trustees to produce and lodge a 10 year maintenance plan, and a special (ringfenced and separate) reserve fund. If they are not doing maintenance, a BC member or tenant can take it to CSOS for a ruling (they usually give the trustees 30 days, check the CSOS site for past rulings). Lack of funds isn't an excuse, that's why trustees can (and have to) raise special levies. CSOS may relax a ruling if the BC is no longer a going concern (blood, stone), trustees/curators will need to provide financials to support this.
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great thanks for the info
 
frodob said:
No necessarily. You will need to check the financial statements of the complex, as well as their budget and priorities, to report on whether they have sufficient money to paint the outside boundary wall. As they painted the whole complex, the cost of doing this could have placed serious financial strain on the complex's finances. Did they have to raise a special levy to perform the initial painting?
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can't say what there finances are, but from what I've gathered by some of the posters here they should always have a reserve fund so I don't see an issue.

the wall is an eyesore and brings the tone of the surrounding free standing residential area down.
 
spiff said:
what a dumb comment!

their shyt is making the neighbourhood look like scumville.

it's their responsibility - they must fix it - period!
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What a dumb comment. It has ****all to do with you. Mind your business. Busy body!
 
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spiff said:
can't say what there finances are, but from what I've gathered by some of the posters here they should always have a reserve fund so I don't see an issue.
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The reserve fund law is quite new. In my complex we’re paying a special levy monthly because we’re still building it up. Maybe they don’t have it yet.
 
spiff said:
it has everything to do with me! as chairman of the rate payers association it's one of my duties to keep the neighbouhood clean and neat. UNDERSTAND!

if you don't have any positive to say then take a hike!
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:laugh: klein mannetjie syndrome. You dont get to force people to maintain their properties. Mind your business. Typical chairman of a nothing association. Probably wasnt a prefect in school either, now you want to flex your invisible muscle. I hope they they rightfully tell you to get fcked if you approach them.
 
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spiff said:
would this apply to all BC?
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Depends what the complex's finances are like. The fund has to be something like a year's worth of income, and we didn’t have it so we have to pay extra to build it up. But I know our sumbitch trustees have budgeted for the special levy to continue long after our fund is fully saved.
 
spiff said:
would this apply to all BC?
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It does, but I can tell you now most bodycorps don't have budget to spend on anything because of this law. All the money is going into building the fund.

The requirements for our complex was quite hectic. We had to stop all spending and moved all our cash into a separate bank account to try and get some sort of an attempt to satisfy the requirements. I've since moved out but from what I hear they still haven't saved enough.
 
ambroseg1 said:
:laugh: klein mannetjie syndrome. You dont get to force people to maintain their properties. Mind your business. Typical chairman of a nothing association. Probably wasnt a prefect in school either, now you want to flex your invisible muscle. I hope they they rightfully tell you to get fcked if you approach them.
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100% childish comments - are you like 3yrs old or what?

cause you can't farking read -
if you don't have any positive to say then take a hike!
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