DIO VELENTO BODY CORPORATE

MINUTES OF THE ANNUAL GENERAL MEETING HELD ON TUESDAY, 6 MARCH 2007 AT 18:30 IN THE CLUBHOUSE, DIO VELENTO

1. ATTENDANCE REGISTER AND APOLOGIES

PRESENT:

Owners of units:

9, 35, 65, 73, 53, 27, 20, 30, 34, 51, 17, 16, 41, 03, 10

IN ATTENDANCE:

Glenn Andrews & Claudie Vercuiel for managing agent.

APOLOGIES:

Unit 48 - Limbada

Unit 37 – M. Nicolaou

2. REGISTRATION OF PROXIES

Unit 68 – App. D. Erasmus

Units 25, 50, 6, 8, 22, 39, 54, 58, 76 – App. C. McGowan

Units 49, 78, 61 – App. Chairman

3. NOTICE OF MEETING AND QUORUM

Fourteen days notice of the meeting having been given, the meeting was declared duly constituted and open, as a quorum was present.

4. MINUTES OF PREVIOUS AGM

Minutes of the Annual General Meeting held on 24 January 2006 were accepted as a true reflection (Proposed Unit 9 & Seconded Unit 34).

5. CHAIRPERSON’S REPORT

The Chairman Mr. A. Cacouris apologised and wasn’t able to attend the meeting. Connie McGowan presented a report to the meeting.

During 2006 the pool was renovated and solar heating installed. The painting project was completed. Some of the geyser covers were replaced and the remainder that needs replacement will be done during this year. The water pressure at the top units has been a lot better. This morning there was no water due to a leak that was discovered by Jhb Water and the water needed to be turned off in order to repair the leak. The pigeons are causing damage to the building, residents are requested not to feed the pigeons or allow them to nest, and if anybody has a solution on how to get rid of these problematic pigeons, advice would be appreciated. During the 2006 year it was found that Conduct Rules are being discarded. Residents are reminded that fines will be imposed on residents not adhering to the Conduct Rules. Dio Velento E-Block are still leaving refuse bags all over the show, causing an unhygienic environment to the rest of the residents. Refuse bags are only to be put at collection points: MON – FRI 6am – 8am ONLY (Excluding public holidays and week-ends), fines will be imposed on any residents caught disregarding this conduct rules. Residents are reminded that noise violations by your neighbour or other residents are a disturbance of peace and therefore you may call the SAP for assistance. Any complaints need to be in writing before it will be considered or acted upon. Owners are requested to oil the hinges of their windows, this is not the responsibility of the Body Corporate, owners need to see to it that the hinges are maintained to be in good working order.

Connie thanked Chairman Amiras Cacouris for the 200% effort and assistance put in during the past years. The Trustees, CSTM and wonderful staff members were also thanked for their help and assistance.

Owners at the meeting thanked Connie for her hard work and dedication.

6. FINANCIAL REPORT

The financial report dated 30 September 2006 was unanimously accepted by the meeting. Trustees given permission to sign the financials off.

7. BUDGET

7.1 Approval with or without amendment of proposed budget

Sewer Account: Jhb Water

CSTM received a backdated sewer account for Dio Velento for the amount of R203 788.26. Jhb water explained that Dio Velento Body Corporate is a “Domestic Multiple Dwelling” and not “Flats. Glenn Andrews from CSTM explained to the meeting that in 2001, after an advertisement in the local newspaper, CSTM applied (with the permission of the trustees), for a credit at Jhb Water as Dio Velento at the time was considered to be “flats” (units on top of each other), and was being billed for “Domestic Multiple Dwellings”. The application was granted and the Body Corporate received a credit of: R 23439.41. It would appear that Jhb water have now changed their wording and says that Dio Velento is not considered to be “Flats” anymore, and backdated the sewer charge to 3 years, and produced an account of R203 788.26. Jhb Water also told CSTM that they went to the Deeds Office and found that the description on the Sectional Title Plans of Dio Velento says that it is a Townhouse complex, therefore cannot be considered as flats. CSTM is seeking legal advice on behalf of the Body Corporate, and trying to find out when their description of “Flats” changed to “Multiple Dwellings”. CSTM explained to the meeting that the council would not have granted the credit, if they were not in full agreement that Dio Velento was considered to be flats.

CSTM has lodged a query and flagged the account with the council until answers and clarification can be obtained. CSTM suggested to the meeting that the current account (new billing rate of Multiple Dwellings R 7943.45 instead of Flats R4032.60) is kept up to date, to avoid disconnection of services to the building. And that this shortfall of R4355 (vat inclusive) be included in the 2006/2007 budget.

The meeting agreed and accepted the proposed budget by CSTM. The levies to be increased from April 2007. CSTM to include a copy of this new budget schedule when distributing the minutes of the AGM.

The meeting unanimously agreed that under no circumstances should the backdated account be paid, as this would be settlement of the account, and that once the money is paid, it would mean that the Body Corporate is in agreement with the account received, so it would difficult / impossible to get the money back from the council.

CSTM instructed not to pay the backdated arrear account, to investigate this matter properly and then call a Special General Meeting to explain / discuss it with owners.

7.2 Replacement values

A professional valuation was done on the replacement value last year, which brought it to R3820 per sqm.

Owners are requested to contact the Body Corporate’s insurance broker to arrange for any improvements to their units to be included in the insurance policy. Contact Person: Wayne Cronje (Inson Insurance Brokers) Tel: 011 646 0970

8. AUDITORS

Furter Carstens was appointed as auditors for the ensuing financial year. Furter Carstens to include a detailed general ledger with next audit (date & description).

9. CONSIDERATION OF ANY DIRECTIONS OF THE POWERS OF THE TRUSTEES IN TERMS OF SECTION 39(ii) OF THE ACT

It was unanimously agreed that the trustees may spend up to R30 000.00 on any one item without calling a special general meeting.

10. IMPLEMENTATION OF SECTION 38(i) OF THE ACT

It was unanimously decided to implement Section 38(i) of the Act. i.e. entering into an agreement with owners and occupiers for the provision of amenities and services to their section. This allows the trustees the power to take any action they deem necessary against any owner who fails to pay his/her levy and electricity.

11. DETERMINATION OF THE DOMICILIUM CITANDI ET EXECUTANDI OF THE BODY CORPORATE

It was determined for the ensuing year as:

Constantia Sectional Title Management (Pty) Ltd

127 Constantia Drive P O Box 5860

CONSTANTIA KLOOF WELTEVREDEN PARK

1709. 1715

CSTM were unanimously re-appointed for the ensuing financial year.

12. DETERMINATION OF NUMBER OF TRUSTEES

It was proposed that 5 trustees be elected.

13. ELECTION OF TRUSTEES

The following trustees were elected:

1. Graeme Peacock - unit 24

2. Ramon Captieux - unit 27

3. Paul van den Bergen - unit __

4. Yusuf Kaka - unit __

5. S. Thomas - unit __

Election of the chairman will take place at the first trustee meeting.

GENERAL

14. AMMENDMENT OF CONDUCT RULES:

INCREASE DEPOSIT FOR CLUBHOUSE

The meeting agreed that the deposit for the clubhouse be increased to R500.00. If the clubhouse is in order and left clean, the full deposit will be refunded. If the clubhouse not left clean, R50 to be held to have the area cleaned.

The meeting suggested that an inventory list be set-up for the clubhouse.

TILING OF UNITS 2^ND & 3^RD FLOORS

It was brought to the attention of the meeting that some owners have tiled their units, disregarding the conduct rules. A heated discussion followed during which many people left. A decision was unable to be taken due to there not being a quorum. This will be addressed again at a future meeting. (At the 2002 AGM permission was given for wooden (formica floors) to be allowed providing adequate insulation be properly laid. All applications to any changes for flooring need to be approved by the trustees.)

(Should neighbouring residents find these floors are causing a disturbance, address this in writing to the trustees. Loose carpets will then have to be laid.)

15. BALCONY TILES

Problems are being experienced with some balcony tiles where water seeping through to garages. It is brought to the attention of the meeting that funds will have to be spent to have these areas waterproofed in the future.

16. SECURITY

A suggestion was made to install an intercom system inside the guardhouse. This will mean that 24hr security will have to implemented, and that the extra 12 hour guard will have to be added to the budget in order for the levy to cover this expense. The meeting agreed that the trustees may investigate this matter further and obtain quotations to have it done, as well as a cost evaluation on how it will affect the levy amount. Trustees will then proceed based on findings. No further meeting required for approval.

17. LAUNDRY

Complaints have been received by a resident using the washer of oil marks. It was decided that since the manufacturer / agents were no longer in the country and there were no spare parts available, the machine would not be repaired. Since there have been no complaints from other residents, no further action will be taken. When it is no longer viable to use the washer the laundry will be shut down since most residents have their own machines.

18. CLOSURE

There being no further business to discuss, the meeting closed.

CHAIRPERSON

DATE

Map

Just added a map to the bottom of this page. You can get a satellite view of the area and zoom in to see the roof of your apartment! Go on, give it a try.

Additionally, if you have Google Earth, you can download the official Dio Velento bookmarks!

Insurance claims for damage to common property, who pays the excess?

There is currently a debate going on as to whose responsibility it is to pay the excess on insurance claims made for damage to common property by members of the body corporate.

It is a debate that isn't unique to Dio Velento and the arguments both for and against go like this:

According to Sectional Title expert Bob Gauld: (Sectional Title Online) "The question of who pays the excess is simply and logically answered. If the insurance companies did not insist on bodies corporate paying the first part of every claim, premiums would be unaffordably high. Excesses means lower premiums, from which the body corporate benefits. Therefore excesses have to be paid by the body corporate. Easy, isn't it?"

Alternatively, the current view of the body corporate and CSTM: With reference to “Demystifying Sectional Title” by Marina Constas & Karen Bleijs,
“ The question of who is responsible to pay the insurance excess in a body corporate situation has always been an extremely thorny issue. The correct viewpoint from a purely technical-legal perspective would be to say that because the body corporate is the “insured party” in term of the insurance policy, the body corporate would thus be liable for any excess payable in terms of the policy. From a practical perspective however, this would often lead to unfair results ! We view the matter as follows:
a) The safest way to regulate the payment of insurance excesses is to amend the rules of the scheme, either management or conduct rules;
b) Whether or not the rules regulate the payment of an insurance excess, management rule 68 (I) (vii) can be interpreted in such a way as to make the owner of a unit liable for the payment of the insurance excess should his geyser burst and the insurance company agrees to meet the claim;
c) Ultimately both the body corporate and the insurance company must consider the reason for the damage being caused in the first place, place the blame and recover the cost of the damage from the person or persons responsible.”

CSTM feels that the following clause in our conduct rules covers us in terms of point a) mentioned above:

21. DAMAGE TO COMMON PROPERTY

21.1. Should any damage whatsoever be caused to the common property by an occupant, and/or any of his family, and/or any of his visitors, and/or employees, their children or visitors, and/or other invitee of such occupant, or should any such person cause the Body Corporate to suffer any loss or incur any liability to property repair, he/she shall forthwith reimburse the Body Corporate in full in respect of such loss or expense. Should such occupant fail to repair such damage within seven days, the trustees may cause such damage to be repaired and such occupants shall reimburse the Body Corporate in full forthwith in respect of all costs and expenses arising out of or in connection therewith.
21.2. If a person damages the common property with his vehicle, he must, in the case of an accident, inform the trustees in writing, otherwise he/she will be held liable for the damages.
21.3. All repair work done by occupants themselves will be inspected according to building specifications.

Does the word "expense" cover excess or does it need to be stated explicitly?

In a normal accident, when two parties are involved in an accident, each claims from his own insurance and pays his own excess. The insurance company of the "innocent" party can attempt a recovery of costs from the guilty party's insurance and if successful, will refund the excess received to the innocent party. Should this not be the case here as well or does a resident of Dio have to pay both his own excess and that of the body corporate?

This matter is due to be discussed at the next trustee meeting on the 13th March. Feel free to join in the debate by attending or forwarding your opinions via email, comment to the post, letter, fax or even verbally to any of the trustees.

AGM 2007

This years AGM was "spirited" as usual. It's a pity we didn't get to thank our dedicated out-going chairman Amiras personally, whom everyone agrees did a splendid job. Thanks anyway Amiras, you were an inspirational chair to say the least! Ramon Captieux has been elected as the new chair with pretty much the same group of trustees give or take a few.

Minutes of the AGM will be posted here soon, but some of the highlights of the meeting included:

• The crazy backdated rates owed to rand water.
• The recurring issue of tiles on 2nd and 3rd floors.
• Improving the security of the complex with new access control measures.
• The issuing and enforcing of fines.

My 2 cents on the tile issue:
There are already people that have tiles and/or wooden floors and there are people that want to replace their carpets with tiles. Then there are people that are suffering as a result of people with tiles living above them, making a noise.

My proposed solution:

1. Allow tiles and wooden floors for everyone with one clause; the person installing the tiles must within reason make every effort to reduce the noise levels. They MUST provide proof including, but not restricted to quotes and receipts for the installation of noise buffers/insulation mats.
2. Owners that have already installed tiles or wooden floors without sound insulation must see that floor rugs are placed in high traffic areas.
3. Complainants against noisy neighbors with tiles living above must submit formal letters of complaint to the trustees. The trustees should then decide whether a reasonable effort has been made to reduce noise levels. If not, warnings and/or fines should be imposed.
   

At the end of the day it comes down to courtesy and tolerance. Those are conflicting values that cannot be imposed or expected by any trustee or body corporate. We must realize that we cannot expect courtesy from others without extending some ourselves and without a having degree of tolerance. Perhaps if our neighbors were friends it would be easier to be tolerant or courteous? But thats not Town House culture, it's simpler if all these people around you were just faceless, nameless people without feelings. It's a culture that needs to change!

p.s. I still don't get the argument that people potentially affected by noisy-tile-neighbors are a minority? We have 3 floored apartments, therefore 2 out 3 apartments have potential noisy-tile-neighbors living above them, which to me is a majority or have I missed something?

That said and done, there's never a dull AGM at Dio Velento! Please consider my suggestion or come up with your own for the proposed special GM regarding tiles.

Need advice on sectional titles?

If you need some advice or information, legal or otherwise regarding sectional titles, check out Sectional Titles Online.

The forums allow you to search for answers to common questions or post your own.

Contact the webmaster:

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AGM reminder

Please remember: The Annual General Meeting will be held on the 6 March 2007 @ 18:30, Dio Velento Clubhouse. We are looking forward to your attendance. If you are unable to attend the meeting, we urge you to please complete the proxy form, in order to assist us with the necessary 20% quorum needed to declare the meeting open. Please forward the proxy form to claudie@cstm.co.za / Direct Fax: 086 657 9221 alternatively Office Fax: 011 679 3120 Att: Claudie

Parking Tips

One of the downsides of living against a beautiful mountain is that our driveway is on a steep slope. In the last few years there have been a few incidents of "runaway cars". The most event involved my car and if anything, it's taught me to be a bit more careful. Fortunately, no one was injured in my case, but it would be a tragedy if anyone did. Here are some tips to prevent your car from running away.

1. Pull your hand-brake up as far as possible.
2. Keep your car in gear, preferably 1st if the car is facing your garage. (This is the one I missed, apparently, the hand-brake discs cool after 10-15 min and are rendered useless without the additional support of the gear).
   
3. Turn and lock your steering wheel fully so that if the car does roll, it turns uphill and is therefore limited in how far it can roll.
4. If you're still uncertain, put some bricks behind your tires.

Where possible, it's always safest to park inside your garage!

Notice: Trustee Meeting 21 Feb 2007, 18:30

Please note that there will be a trustee meeting on the 21 Feb 2007 at 18:30 at the clubhouse.

Example notice

This is an example notice:

This is a reminder to all residents that cars belonging to residents should be parked in their respective garages and not in the visitors parking.

Example meeting minutes

This is an example of how minutes of monthly trustee meetings can be posted here...

Present: Connie, Amiras, Yusuf
Apologies: Ramon

It was decided that all plants in the complex are decorated with fairy lights.

Actions: Amiras to purchase lights.