Editor
WITH reference to the letter by Raphael Hawkes more can be said. Section 44(c) of the Sectional Titles Act states quite clearly that an owner is responsible to repair and maintain his section in a state of good repair and, in respect of an exclusive use area, keep it in a clean and neat condition.
In the set of facts mentioned by Mr Hawkes, it is the duty of the owner, not the tenant, to see to the security gates of their flats. Neither the body corporate nor the trustees can evict the tenants. No legal relationship exists between the body corporate or trustees and the tenants. The owner is directly responsible to ensure that his tenants comply with the rules and the body corporate or trustees have recourse against the owner.
In this instance the body corporate or trustees should place pressure on the owner at all times by enforcing the rules and if necessary impose fines to the owner if the tenants continue breaching the rules.
Regretfully, despite the fact that we live in the 21st century, people still find superficial grounds to discriminate against others.
Furthermore, any act by trustees which discriminates against tenants or any undertaking which trustees request tenants to sign purporting to create a legal relationship between certain clever trustees and tenants is null and void and should not be tolerated.
Jacques Botha
Durban North
