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February 2016 (Volume 11, Issue 02)

Hi Paddocks Press fan,

As it is the financial year-end for many schemes and companies, we suggest reading last month's article "AGM Season", and having a look below at the AGM services we offer.

This month, Carryn discusses the issue of whether a trustee can be appointed as a caretaker and Zerlinda covers the topic of the right to privacy in a scheme, which takes a look at the use of security cameras.
Anton discusses trustee decisions in the video, and he writes about the requirements for terminating a managing agent's contract in the blog post.

Kind regards,

P.S. Did you know that we offer a 1-day face-to-face workshop in Cape Town on Sectional Title Trustee Training? Click here to learn more and book your seat.

NEXT EDITION: Wednesday 30 March 2016
Paddocks Press Video 7: Trustees decisions

The right to privacy
By Zerlinda van der Merwe

In this article, Zerlinda unpacks the right to privacy when living in a sectional title scheme. Security cameras installed on the scheme’s common property may potentially infringe an owner and occupier’s right to privacy. Zerlinda will similarly take a look at whether photographs taken, documenting breaches of the Sectional Titles Act (“the Act”) and the body corporate rules, may be considered as an infringement of an owner and occupier’s right to privacy.


Read the article

Can a trustee also be appointed as a caretaker?
By Carryn Melissa Durham

In this article, Carryn addresses the topic of whether a trustee can also be appointed as a caretaker. Only trustees who are owners can be appointed as caretakers, due to the disqualification contained in Prescribed Management Rule (“PMR”) 5(b). Trustees are empowered to employ a caretaker. In terms of section 38(a) of the Sectional Titles Act, the body corporate has the power to appoint such agents and employees as it may deem fit.

Read the article
Special resolution required to terminate managing agent's contract
By Anton Kelly
In this blog post, Anton discusses the requirements for terminating a managing agent’s contract. The Sectional Titles Act and the prescribed rules specify that certain decisions be made by special or unanimous resolution or by all the owners in writing. Prescribed management rules (PMRs) 46 and 47, which deal with the managing agent’s employment, make a distinction between different types of endings to the agent’s employment, which is discussed in detail, in the post.
Read the blog post

Join us, for one of our University of Cape Town or Paddocks industry courses, presented online, throughout South Africa.

Courses starting soon
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For further information, please contact Liam on 021 686 3950, or email
Questions and Answers

Here are two interesting discussions that were held on Paddocks Club this month:

1. Separate buildings, separate maintenance liabilities?
2. Authority to raise a bank loan

Prof. Paddock and the team are available to answer the Community members' questions on the Paddocks Club discussion forum. Get your questions answered, by joining Paddocks Club today.

Read this month's Q&A.
How can we assist you?

021 686 3950
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