How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WCLawyer Your Own Question

WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14832
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

If we live on a 4 house housing estate are we subject to majority

Resolved Question:

If we live on a 4 house housing estate are we subject to majority rule regards XXXXX XXXXX the estate or does it have to be unanimous?
Submitted: 11 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 11 months ago.
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Is this Sectional Title or is it Home Owners Association?
Customer: replied 11 months ago.
Home Owners
Expert:  WCLawyer replied 11 months ago.
Do you have a constitution on place? Is there a company registered or is it a voluntary association?
Customer: replied 11 months ago.

company registered

Expert:  WCLawyer replied 11 months ago.
What is it that you want to amend? What type of changes are you referring to?
Customer: replied 11 months ago.

3 OF THE 4 members (us being the 4th) want to put up CCTV cameras into all the houses on the estate and distribute the costs across the 4 households - we do not want CCTV.

Expert:  WCLawyer replied 11 months ago.
On your property, or on the common property?
Customer: replied 11 months ago.

on the common property (main gates to the estate) but screens will have to be installed in all the houses

Expert:  WCLawyer replied 11 months ago.
Do I understand you correctly:

The camera's will be fixed to common property, but by fixing it to the common property, it will result in privacy issues in that the camera will be able to 'look into' your house and this is what you want to prevent?
Customer: replied 11 months ago.

no - we will all be able to see, via the cameras, who is arriving at the front gate. Each house will have a screen inside that shows images from the cameras.


We do not want or need the cameras. The other 3 home owners want them but want us to accept them and split the cost 4 ways.


Thats what they want to use the concept of majority rule on.


 

Expert:  WCLawyer replied 11 months ago.
Unfortunately, since this is a company, it is majority rule that applies. There are certain instances where you need better than just a majority decision, but this does not, unfortunately, fall under one of those decisions.

I was looking at maybe making an argument that this could be an invasion of your privacy, however, this does not seem to be the case.

The only thing that can now assist you is possibly your memorandum of incorporation. If that goes away from the Company Law "default" that the majority decision will carry and if the MOI require unanimous decision from all owners, only then would you be able to rely on the fact that the decision is not a unanimous decision.

I know that this is probably not the answer that you have hoped for, however, I hope that you can still get some value out of it. I try my best to provide you with a legally sound and accurate answer and however much it pains me, it is not always good news. Trust me when I say that I wish I could provide you with a more optimistic answer. If you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14832
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience