Private estates making big money from speeding fines

mattrudlles

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Nov 20, 2015
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If a BC first has to get consent for issuing a fine (and adding it to the account of the owner), do you think any sensible owner will give that consent?
Let me quote the regulations for you:

Rule 25(5) of the Management Rules to the SECTIONAL TITLES SCHEMES MANAGEMENT ACT NO. 8 OF 2011 "The body corporate must not debit a member’s account with any amount that is not a contribution or a charge levied in terms of the Act or these rules without the member’s consent or the authority of a judgment or order by a judge, adjudicator or arbitrator."
 

Lord Farquart

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Nov 27, 2012
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Does the owner absorb the fines of the tenant?

It becomes an unattractive proposition for both owner & tenant

Should registration details be included in a lease? Should the registration details of tenant's guests also be included in a lease?
Maybe go live in an estate, or go visit one, and experience your questions first hand.
 

ambroseg1

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Let me quote the regulations for you:

Rule 25(5) of the Management Rules to the SECTIONAL TITLES SCHEMES MANAGEMENT ACT NO. 8 OF 2011 "The body corporate must not debit a member’s account with any amount that is not a contribution or a charge levied in terms of the Act or these rules without the member’s consent or the authority of a judgment or order by a judge, adjudicator or arbitrator."
What can be considered a "contribution or a charge levied in terms of the Act or these rules"?
 

mattrudlles

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What can be considered a "contribution or a charge levied in terms of the Act or these rules"?
No, let me clarify. They may add it to your levy statement, BUT not make you liable to pay it as part of the levy statement. A lot of BCs do this, and expect you to pay it as if it formed part of the whole levy amount. What this does is hamper a persons ability to dispute the fine, as they would then fall into arrears from not paying the "levied amount".

Edit: what is a charge or contribution? contributions are the amounts paid over for the running of that estate. THe insurance, CSOS membership fee, contribution for share quota, etc. The charges would be interest, legal fees, etc for the body corp having to wait for late payment, recover it from you, etc.
 

ambroseg1

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No, let me clarify. They may add it to your levy statement, BUT not make you liable to pay it as part of the levy statement. A lot of BCs do this, and expect you to pay it as if it formed part of the whole levy amount. What this does is hamper a persons ability to dispute the fine, as they would then fall into arrears from not paying the "levied amount".
I hear you. I do. BUT, any BC worth its salt, will have it written in the rules that they may impose fines and simply add it to the monthly account.
 

mattrudlles

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Nov 20, 2015
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I hear you. I do. BUT, any BC worth its salt, will have it written in the rules that they may impose fines and simply add it to the monthly account.
You should see some of these Rules :eek: The trustees themselves have no clue what their own ones even are. Quite an eye opener. Serving as a trustee presently, and it is shocking. There is so much that goes on that people shouldn't be allowed to serve as one unless they have a legal degree. Even the managing agents really mess up on the legal interpretations.
 

Myrrdin

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Fine are all fine and well, but can you sue them for personal injury and loss if you hit a pothole in a private estate?
 

Happy Days

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It is not cops doing the speed trapping. As far as I know, they dont even have speed measuring equipment. Its klein mannetjie syndrome people who "eye-ball" speed then just add it to your monthly account.
I know that, but they would need speed measuring equipment that's compliant and has been calibrated.

You send your equipment to the CSIR for calibration. Does not matter who you are, if you pay the fee, your equipment gets calibrated, with certificate. Be it speed, temperature, pressure etc. It is a calibration/certification lab, not a police department.
Agreed, but how many HOAs have gone through the process of having the equipment calibrated and certified? And what/if any are the rquirements to operate said measuring equipment?
 

Carnajo

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May 7, 2004
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I just helped an estate setup a speed trapping system, am I the bad guy now hahahah - **** you if you speeding where kiddies and doggies live and play, I hope they fine you bone and dry.
Thank you, and exactly this.
 

Carnajo

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May 7, 2004
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Fine are all fine and well, but can you sue them for personal injury and loss if you hit a pothole in a private estate?
You could, and you might even win, and then levies would be increased to cover the legal costs and payout of the estate, and of course they might just prove that personal injury and loss only occured because you were speeding, and then fine you for that :)
 

Myrrdin

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South African law does not require you to have a licence to operate a vehicle on private property.
South African law states that you may not be breathalyzed on private property you own or have the consent of the owner to use.
 

supersunbird

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South African law does not require you to have a licence to operate a vehicle on private property.
South African law states that you may not be breathalyzed on private property you own or have the consent of the owner to use.
The owner of the private property shared spaces being the BC...
 
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