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

rule regards XXXXX XXXXX the...
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?
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Answered in 2 minutes by:
9/26/2013
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
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?
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Customer reply replied 4 years ago
Home Owners
Do you have a constitution on place? Is there a company registered or is it a voluntary association?
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Customer reply replied 4 years ago

company registered

What is it that you want to amend? What type of changes are you referring to?
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Customer reply replied 4 years 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.

On your property, or on the common property?
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Customer reply replied 4 years ago

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

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?
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Customer reply replied 4 years 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.


 

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
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
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WCLawyer
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Category: South Africa Law
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Experience: L.LB (UOVS)

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