Renting and complying with new rules.

[LithIX]

Hi guys,

I have been renting a 2 bedroom "flat" in a security complex for the past 4 years.
Last week, we got a revised document explaining the "complex rules" etc. One of those rules state that no satelite dishes may be agains a wall facing the road. And if it does, the tenant is supposed to fix the dish on his porch.

Unfortunately the unit I stay in is one of those facing the road, and yesterday when I got home from work, I got a pen scribbled message pushed underneath my door stating that I have until the 31's of August to move my dish.

Now,
I find this "request" to comply with the rules a little ridiculous. Our porch is already just about 2x3m including a (fixed built in) braai, and by moving the dish there, will make the porch unusable, therefore I feel its an unreasonable "rule".

I'm definately planning NOT to move my dish! FFS, been staying there for 4 years without incident, and as stated above, I think it is unreasonable to expect me to sacrifice a part of my flat for something like this.

My question is:
What is my best course of action?

Do I write a letter kindly stating they can shove it up their arse?
And most importantly: If (and when) I refuse to move the dish, are they allowed to (re)move it themselves? The dish is my property, so as far as I know, they are not allowed to touch it without my consent. Will it constitute "destruction of property" if they do in fact interfere with it?

Also, are their any legal grounds that I can use to resist their request?

Anyway,
Still fuming here, so any good advice will be much appreciated.

 

[GreGorGy]

According to Sectional Titles Act, No. 95 of 1986 the rules and any amendments must be filed with the deeds office before they can be enforced. Make sure this has happened. If not, they can go to hell. As the tenant, your recourse is with the owner. S/he must represent your rights to the Body Corporate. Explain your situation, demand confirmation of deeds office compliance and wait.

Others hopefully know more...

 

[AniV]

According to Sectional Titles Act, No. 95 of 1986 the rules and any amendments must be filed with the deeds office before they can be enforced. Make sure this has happened. If not, they can go to hell.

^Thank you for this. I am currently having issues in my own complex. We own, and have lived there for almost 4 years already. 2 weeks ago the Trustees simply decided that we were no longer allowed to have pets in the complex. Existing pets would be allowed to stay for now but the whole thing makes me very angry. Our complex is large, every unit has both a front and a back yard, some of these gardens are quite large too. There's never been any problems that I've noticed. Sure, dogs bark and cats walk around freely. There have been one or two minor kitty "spats" but the cats usually get along well. There's one dog that runs around the complex often, nobody knows who he belongs to - he makes the other dogs bark a little sometimes. One of the reasons I like our complex so much is because they were never anal about these sorts of things. In the last few months they've started implementing all sorts of rules and regulations without prior consultation to the residents. They've instuted stringent procedures and forms for this and that. It's getting a bit much.

I will definitely be checking with the deeds office to ensure that all the new rules have been filed properly - especially the one involving the pets.

@OP - I would refuse to move the dish if I were you. As I understand it, dish placement is a tricky matter to begin with. We've had various dishes installed at our property over the years and sometimes the dish had to be moved and moved again until we found the best spot for reception. If the dish is against the wall, it's there for a reason - because that's the spot that works. Dishes can be seriously finicky. You might undergo the move to your porch and find that the reception is useless there, or that you don't have line-of-sight from there, or a tree is blocking it... you never know.

If there's some way to mount it outside your porch where it doesn't take up any of your precious space, I'd tell the body corporate that they have to foot the bill for the move. There's no reason why you should do the effort and pay for the dish to be moved when it's purely for "prettiness" factors. All the best!

 

[noxibox]

Hi guys,

I have been renting a 2 bedroom "flat" in a security complex for the past 4 years.
Last week, we got a revised document explaining the "complex rules" etc. One of those rules state that no satelite dishes may be agains a wall facing the road. And if it does, the tenant is supposed to fix the dish on his porch.

Unfortunately the unit I stay in is one of those facing the road, and yesterday when I got home from work, I got a pen scribbled message pushed underneath my door stating that I have until the 31's of August to move my dish.

In general they're going to have a problem making a rule like this retrospective. In other words you effectively already had permission for the dish to be where it is now, and they cannot easily revoke that permission. In addition even if you were willing to comply, if there are any costs involved in moving it the body corporate must pay.

There are also requirements as to how rules are changed. Can't recall the details offhand.

Frankly living in sectional title is a huge pain.

 

[LithIX]

Thanks for the response guys.