EWC: push back: have your say

[saturnz]

Could you not just go fetch the stuff and store it elsewhere?

the point is the stuff was stolen from my property, I don't care about the stuff

 

[wingnut771]

the point is the stuff was stolen from my property, I don't care about the stuff

I just asked my dad who is a property lawyer and he says they're well within their rights and legally protected in removing the items as it was in violation of their body corporate rules. So, it's not theft. One was given a warning before and allowed to collect before being sold off. Sounds like they did you a favour seeing you don't care about the items anyway.

 

[saturnz]

I just asked my dad who is a property lawyer and he says they're well within their rights and legally protected in removing the items as it was in violation of their body corporate rules.

it was not in violation of body corporate rules, your dad is a bad property lawyer- no rule exists that I can't store items in that area

here is the opinion of a trustee of the body corporate who in writing stated this, and this trustee is also a lawyer

At the trustees' meeting today, the trustees accepted that the section is not limited to use for parking, but strong feelings were expressed about the aesthetics of just leaving the goods stored in an open area.

read that very carefully before you start quoting your dad

 

[wingnut771]

it was not in violation of body corporate rules, your dad is a bad property lawyer- no rule exists that I can't store items in that area

here is the opinion of a trustee of the body corporate who in writing stated this, and this trustee is also a lawyer



read that very carefully before you start quoting your dad

The point is the parking area is not a storage area. They asked you to remove the stuff.

Moral of the story: don't live in a complex, too many rules.

Good luck fighting them.

 

[saturnz]

The point is the parking area is not a storage area. They asked you to remove the stuff.

Moral of the story: don't live in a complex, too many rules.

Good luck fighting them.

the point is the area is not a parking, on my levy account it clearly states "storage area"

moreover, the trustees gave me permission to erect a storage cage in the area 4 years ago

moral of the story, your dad is a bad property lawyer

 

[wingnut771]

the point is the area is not a parking, on my levy account it clearly states "storage area"

moreover, the trustees gave me permission to erect a storage cage in the area 4 years ago

moral of the story, your dad is a bad property lawyer

Or I supplied him bad info, as I read it as a parking area. How did they get into the storage cage as I assume it was locked?

 

[saturnz]

Or I supplied him bad info, as I read it as a parking area. How did they get into the storage cage as I assume it was locked?

any self respecting lawyer would not make a judgement based on incomplete information...

and to say that I violated the rules of the BC without having read the rules, well thats just pure incompetence

if you have not read the thread I posted, I'm not going to continue to entertain this derailment

 

[Vrotappel]

yeah I had very little sympathy for this, and I have even less now

my movable property was removed from my immovable property without consent last year, I laid a charge of theft only to be told I must go to the civil court to get my stuff back

the people who took my stuff, are probably the same ones who are complaining about EWC, rich entitled professionals

Should have block chained it.

 

[¯\_(ツ)_/¯]

yeah but the point is, the people who took my property, are probably rich professionals who complain about EWC

how does that not make sense?

Okay bud, I'll admit to yanking your chain. Thanks for the context. I can see how items in a storage area can result in aesthetics and potentially insurance issues. But it should have been resolved more amicably. I also get why you're demoer in.

But, tbh, that is not EWC, this is something else again. I myself had some tremendous spats to defend my property. The other sides have been rich, some not. One was a lawyer that was nearly disbarred, another a tracing agency that got it wrong, relieving me of a car. Touch my property, you kak. As we get older, we learn to use the system to our benefit. Lawyers are expensive, but sometimes a last resort if you can ensure a high likelihood of the other side having to pay damages and your legal costs (an risky strategy, but sometimes no option). Just make sure you never end up paying the other side's costs.

 

[rietrot]

if you own property @ R40 000 per square meter or more, its more than likely you will complain about EWC, but sure, thats just my opinion.

Or if you are just not a communist.

My property is about R1000 per square for 1000 squares and the bank still owns most of it.

EWC is bad for everyone, even people who don't own property, but especially people like you that have commented frequently about investing in property.

 

[rietrot]

tl;dr the staff of the building on instruction of certain trustees, removed my movable property from my immovable property and claimed to have a right to sell it to recover costs if I don't collect it within 7 days, that was six months ago.

Sectional titles.

They joy of communal living.

 

[Milano]

any self respecting lawyer would not make a judgement based on incomplete information...

and to say that I violated the rules of the BC without having read the rules, well thats just pure incompetence

if you have not read the thread I posted, I'm not going to continue to entertain this derailment

Rich words from the original derailer

 

[rietrot]

any self respecting lawyer would not make a judgement based on incomplete information...

and to say that I violated the rules of the BC without having read the rules, well thats just pure incompetence

if you have not read the thread I posted, I'm not going to continue to entertain this derailment

O your parking bay thread.

I actually agree with you, but it does sound like the police are correct and it is a civil matter. It's not theft by definition.

 

[saturnz]

O your parking bay thread.

I actually agree with you, but it does sound like the police are correct and it is a civil matter. It's not theft by definition.

what according to you is the definition of theft

the police agreed with me, its the prosecutor who didn't

 

[saturnz]

EWC is bad for everyone, even people who don't own property, but especially people like you that have commented frequently about investing in property.

if you are putting the banks finance into a property then you are not actually losing much really

 

[rietrot]

what according to you is the definition of theft

the police agreed with me, its the prosecutor who didn't

Theft is the taking of another person's property or services or scrap money without that person's permission or consent with the intent to deprive the rightful owner of it

The part about the intent.

 

[saturnz]

The part about the intent.

and so when they state in writing they reserve the right to sell my property, will that not be sufficient to show intent to deprive me of... it

 

[rietrot]

and so when they state in writing they reserve the right to sell my property, will that not be sufficient to show intent to deprive me of... it

If you don't collect it, to cover their cost.

The underlying issue about whether you had the right to store your stuff on what appears to be a communal section of the property is a civil matter.

Anyway now that you know how bad it is when someone takes your property for whatever reason, how can you support something like EWC that's much worse than your case. Because you had one bad experience you want everyone to suffer.

 

[saturnz]

If you don't collect it, to cover their cost.

if they didn't take it, I wouldn't have to collect it

what sort of logic is this?

edit: also I didn't say I support EWC, I said I have no sympathy for those angry about it

huge difference

and it wasn't communal property, I have the title deed to the relevant section, its on my name

 

[Oldfut]

"I said I have no sympathy for those angry about it". Should you expect sympathy (or even understanding) from anyone if you have no sympathy for others, particularly as I sense you are angry about what happened to your property?