Good day Jordan
We are writing to address several ongoing concerns and to clarify the nature of our role as managing agents within the sectional title scheme. Inspired Management is appointed to act on behalf of the body corporate and operates under the directives of the trustees. Our responsibility is to manage the communal aspects of the property, not to directly handle individual tenant matters. Our contract is with the body corporate, not with you as a tenant, and we are not obligated to engage directly with tenants regarding individual issues. While we have made repeated efforts to assist you, we are concerned by the ongoing public statements you've made on public platforms, which have been inaccurate and damaging to our reputation. We ask that you take the following points into consideration:
- Gate Functionality: The gate repair was delayed due to body corporate related matters, which is beyond our control. The system is now operational, and we encourage you to familiarize yourself with its usage rather than assuming that your concerns have not been addressed. All residents of the scheme are required to abide by the procedures enforced by the body corporate, regardless of such individuals being tenants or owners or visitors.
- Hot Water Issues: You bypassed the proper channels by directly contacting the plumber, to conduct unauthorized maintenance on common property, which has caused confusion and led to service charges that should have been processed through us. For future issues, please ensure that you follow the correct procedure to avoid any further complications or charges.
We would like to refer you to the Sectional Titles Schemes Management Act:
Section 13 of the STSMADuties of owners13. (1) An owner must—(a) permit any person authorised in writing by the body corporate, duringreasonable hours and on notice (except in case of emergency, when no noticeis required), to enter his or her section or exclusive use area for the purposesof inspecting it and maintaining, repairing or renewing pipes, wires, cablesand ducts existing in the section and capable of being used in connection withthe enjoyment of any other section or common property, or for the purpose ofensuring that this Act and the rules are being observed;(b) forthwith carry out all work that may be ordered by any competent authorityin respect of his or her section, other than such work as may be required for thebenefit of the building generally, and pay all charges, expenses andassessments that may be payable in respect of his or her section;(c) repair and maintain his or her section in a state of good repair and, in respectof an exclusive use area, keep it in a clean and neat condition;(d) use and enjoy the common property in such a manner as not to interfereunreasonably with the use and enjoyment thereof by other owners or otherpersons lawfully on the premises;(e) not use his or her section or exclusive use area, or permit it to be used, in amanner or for a purpose which may cause a nuisance to any occupier of asection;(f) notify the body corporate forthwith of any change of ownership or occupancyin his or her section and of any mortgage; and(g) when the purpose for which a section or exclusive use area is intended to beused is shown expressly or by implication on or by a registered sectional plan,not use nor permit such section or exclusive use area to be used for any otherpurpose: Provided that with the written consent of all owners such section orexclusive use area may be used for that purpose as consented to.(2) Any owner who is of the opinion that any refusal of consent of another owner interms of the proviso to subsection (1)(g) is unfairly prejudicial, unjust or inequitable tohim or her, may, within six weeks after the date of such a refusal, make an applicationin terms of this subsection to an ombud.
Amendment and binding nature (PMR3)3. (1) The body corporate may substitute, amend, repeal, or add tothe management rules subject to and in accordance with the provisions of section 10of the Act.(2) A member must take all reasonable steps to ensurecompliance with the conduct rules in force in terms of section 10(2)
(b) of the Act byany tenant or other occupant of any section or exclusive use area, including themember's employees, guests, visitors and family members.Thank you for your attention to this matter. We trust you will respect this request and follow the appropriate channels moving forward. As can be seen, the
STSMA does not place the responsibility on the Body Corporate, nor the Managing Agent to directly communicate with tenants, but rather on the landlord of the section. If a tenant has a concern or issue, it is usually expected that the
tenant will communicate with the owner, who can then pass the information to the managing agent if necessary. So, the direct responsibility to respond to a tenant generally lies with the
owner. However, the managing agent might still handle specific property-related concerns (e.g., maintenance requests), depending on the arrangement between the agent and the owner, as we have done for you. In summary,
the owner is primarily responsible for responding to a tenant, but the managing agent may assist with property management issues where needed. In conclusion, we want to make it clear that Inspired Management has gone to great lengths to assist you with the concerns you've raised. We have made every effort to address the issues, providing support and taking steps to resolve matters, despite the challenges the body corporate faces and operational limitations of the body corporate. While we have tried to help in every instance, our ability to continue assisting you is limited by the scope of our role and the need for communication through the property owner. In light of these issues and the repeated nature of your complaints, we request that any future concerns be communicated through the property owner or the appointed agent. Inspired Management will no longer engage with you directly via our reporting platforms or WhatsApp.