Complex preventing Fibre from being installed

[mattdewy10]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

 

[Lupus]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

The group of owners hereto referred to as the Body Corporate, can do whatever they like within the boundaries of the law. You as a member of the body corporate have a right to call meetings and discuss this with the appointed members of the body corporate referred to as trustees. You can also chat to the other members of said body corporate and find out their stances, if there is an overwhelming no, then you're flat out of luck.

 

[Lupus]

The key to dealing with issues like this though, is to be courteous, state the facts, offer to assist where-ever you can. If they worried about crime, find ways to put their minds at ease, if they worried about things being destroyed sort that out etc. Don't be antagonistic you are dealing with owners who've heard bad things, don't know the benefits etc...
Maybe contact SA digital village and see if they can help with a rep or something.

 

[Cius]

Call a meeting, tell people it increases home value and is a great service. Vuma did our complex and it was messy for a short while and then so nice to have fibre. They cleaned up after themselves. Seriously, you can't hold back the future. Most places that are not an old age home if you had a vote on fibre would vote yes, so its important to just get to that point.

 

[supersunbird]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

Are you an owner or a tenant?

 

[Trompie67]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

Who in your complex? The Trustees? Can only be, as they are the only one's with the authority to do so.

I'd suggest calling a meeting & putting it to a vote - have a rep from the fibre company there at the time. If crime is the reason for their concern then do some homework before the meeting - estates/complexes where the fibre provider has previously installed & get letters from the HOA or BC trustees to say there was no crime spike etc.

 

[ADRAM3L3CH]

Hold a meeting with the owners and get a REP over to present. It really helps give them peace of mind and the REP can answer any questions they have . As long as they is enough people to form a quorum and vote yes it shouldn't be a problem.

Also see this thread : https://mybroadband.co.za/forum/threads/complex-refuses-vumatel-fibre.969627/

 

[Lupus]

Who in your complex? The Trustees? Can only be, as they are the only one's with the authority to do so.

I'd suggest calling a meeting & putting it to a vote - have a rep from the fibre company there at the time. If crime is the reason for their concern then do some homework before the meeting - estates/complexes where the fibre provider has previously installed & get letters from the HOA or BC trustees to say there was no crime spike etc.

Trustees are only allowed to act on wishes of the BC as a whole, they do not have any special authority unless granted by everyone else.

 

[Trompie67]

Trustees are only allowed to act on wishes of the BC as a whole, they do not have any special authority unless granted by everyone else.

Trustees are empowered to make decisions based on what they believe is in the best interests of the estate. That is why they are the trustees.

Which is also why I suggested the OP calls for a vote. That will force the trustees to rethink their (k a k) decision & give all the sectional owners a say. Assuming of course sufficient bother to attend the meeting.

 

[isie]

Trustees are empowered to make decisions based on what they believe is in the best interests of the estate. That is why they are the trustees.

Which is also why I suggested the OP calls for a vote. That will force the trustees to rethink their (k a k) decision & give all the sectional owners a say. Assuming of course sufficient bother to attend the meeting.

Trustees only have as much power as granted by the rest of the Body Corporate. They cannot dictate as they see fit.

A decision like this should only come from an AGM or Special GM. not the sole discretion of the Trustees

 

[pinball wizard]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

There's a clause in the ECNS license that allows an telecomms infrastructure provider to enter any private land to install without permission. The network providers are not keen to invoke it though.

 

[pinball wizard]

Trustees only have as much power as granted by the rest of the Body Corporate. They cannot dictate as they see fit.

A decision like this should only come from an AGM or Special GM. not the sole discretion of the Trustees

The way our (SA) sectional title law is written, they don't have to call an AGM or special GM, as no money is being spent - I assume the MDU is getting the standard zero cost option on installing the backbone from one of the major players?

 

[Hamish McPanji]

Does anyone know if a complex is allowed to prevent Fibre from being installed? Our complex won't let Fibre come in because of crime and they do not want the damages associated with installations. I doubt I have rights pertaining to this?

Find other people in your complex who want it installed. We had old fogeys in our complex who were creating a fuss and were in charge of the complex.

Us young 'uns got together (just over 25% of units), and forced them to accept. Eventually they said "do what you want", and bitched and moaned throughout the install process.

E.g. The chairman refused them to dig, so they had to do it above ground. Then he was refusing for them to put the conduits on his unit wall

At the moment , over 50% of the units have fibre installed. I got mine installed in January, but the first installs were September last year.

A side effect of this: The old fogeys are getting better prices for their properties, and are selling out

 

[Trompie67]

Trustees only have as much power as granted by the rest of the Body Corporate. They cannot dictate as they see fit.

A decision like this should only come from an AGM or Special GM. not the sole discretion of the Trustees

Not necessary. Trustees are empowered to proceed with non-luxurious improvements.
Fibre would qualify.
However, if any owner requests a meeting to clarify then an EGM/SGM would need to be held.

If the trustees are refusing fibre they need to have valid reasons. Vague "security concerns" are not valid enough. OP can call a meeting & it can be debated there. As stated in my original post.

 

[isie]

Not necessary. Trustees are empowered to proceed with non-luxurious improvements.
Fibre would qualify.
However, if any owner requests a meeting to clarify then an EGM/SGM would need to be held.

If the trustees are refusing fibre they need to have valid reasons. Vague "security concerns" are not valid enough. OP can call a meeting & it can be debated there. As stated in my original post.

honestly its a no brainer , costs the complex nothing and you only take it if you want it
most of the time a nice meeting explaining the pros and cons they end up agreeing or forced to cause majority want it