SUBMISSION BY INGRID DE KLERK
3 September 2010
BODY CORPORATE OAKDALE FLATS PLUMSTEAD
I am truly very concerned about the future of the Oakdale Complex of which I am an owner.
My concern with writing to you is that as an owner of a Sectional Title block I have numerous problems. If my problem could be a law my sectional title unit and I as an owner could be protected.
When Purchasing my flat I was aware of Sectional Title and levies but was not prepared for financial bankruptcy by my Body Corporate trustees. After a few months it was noticed that a group of owners have decided to rather sell a part of the property and utilize the money to do serious maintenance to the block than raising special levies and explaining to owners the huge problems we face because of previous chairpersons not doing the right thing. This has the nasty problem that maintenance will be done and then for the next 20 years nothing would be done to the block. Block of flats are allowed to deteriorate for years due to inadequate levies and deliberate disregard for routine, general maintenance and there is a big problem with the resale value.
In my block for instance there is not enough finances to do a yearly Maintenance. Our block also cannot submit a Maintenance schedule. So far things are done on an ad hoc basis. The supervisor controls the block. Does not listen to anyone. Makes all the decisions and throws Paddocks guideline in our faces. He makes all the decisions himself and no one else in the block is strong enough to stand up against him because most owners are working members. Could you have a law that protects owners in a case where there are differences of opinions. Could an organization be started to support dysfunctional Body Corporates.
The supervisor overrules absolutely everyone's decisions. The supervisor is a retired gentleman and gets paid for his services but also just does what he wants to do. No-one is strong enough to stand up against him.
Most of the owners do not have funds so offcourse they would not approve/agree on any extra levies. Again I ask that a law be implemented to enforce the Body Corporate to have a regular Maintenance Schedule so that owners/tenants are aware of what the teal cost is for purchasing a flat New owners should be aware that a special levy are requested for maintenance.
Before any flat in the block is sold the owner must submit a letter from the Body Corporate that maintenance of the block of flats are done on a regular basis with a valid proof. the estate agent must also be held accountable.
I did appoint myself as a trustee and requested fellow trustees to 'Vote for maintenance but in no avail.
The other problem we face is with renovations in the about 40 yr old block and thin wooden floors are installed and noise are far more, as well as renovations to bathrooms and kitchens. The down pipes are much noisier after renovations and cracks appear in walls Since the person on the top floor has renovated I have a lot of noise and cracks on my walls. Could there not be a Jaw that there should be guidelines to what could be changed 0 a structure and also renovations in older blocks.
I therefore request the following:
There should be 100% proof that there is enough money for the upkeep of the block.
Start an organization with legal rights where we can voice our concerns and have someone to assist us with legal matters.
A document making the estate agent reliable to know the status of a specific block and including the financial circumstances of a specific block as part of the Deed of Sale.
I did appoint myself as a trustee and requested them to do maintenance but in no avail I then resigned and wrote to all the owners. Members in the block do not greet me.
A document attached on the "Deed of Sale" to show proof of maintenanceschedule for the specific year.
100% proof that there is enough money for the upkeep of block.
Agent selling the flat must be held accountable.
Law placed on How a Body Corporate is run. A company or government concern that has an inspector (to check up) to see that all Body Corporate function in a sound manner according to each blocks needs. An if the specific block is not functioning correctlyand mismanages funds they should be reprimanded and fined and put right
Without prejudice.
INGRID DE KLERK