10.1. If the beneficiaries of the Trust are going to be the property owners of Marloth Park, then does the consent of each and every property owner not have to be had and obtained? If a percentage of property owners consent is required, what is the percentage?
We do not quite understand what % of property owners you are referring to, or why a % of property owners would be required in this instance. The common property is the property of the beneficiaries (they paid for it either when they bought their erf or in the case of Lionspruit by special levy). The assets (including substantial funds) were originally held by the Transitional Local Authority of Marloth Park (our own private municipality) and managed for us – The Transitional Local Authority of Marloth Park acted as a “body corporate” in a very similar manner to the Trust we are proposing.
When the Transitional Local Authority of Marloth Park was absorbed into the NKLM, NKLM in effect took over our owners "body corporate" as well. They then used our liquid assets and have not actively managed our township by implementing our rules or caring for our ecology.
If there is sufficient support to register the Trust – it is our intent to pursue the transfer of the common assets back into a Trust vehicle that will manage them (under strict parameters & fiduciary compliance) for the benefit of all owner in Marloth Park who ultimately paid for them.