9.1. Surely the Municipality should be approached with regards to such a Trust being formed? Has this been done? If so, what has the reaction been and if not, why not?
Until we have a mandate from owners we do not have any authority to talk to the municipality on behalf of the owners in Marloth Park (the truth is, there is not one organization in Marloth that has a mandate – some have a nominal support of membership but not one has a significant minority support – i.e. more than 26%).
Once (and if) we achieve the mandate and the trust is to be lodged – for the first time since 1994 Marloth will have a homeowner organization that represents all the owners.
In the end, it is intended that the Municipality be accountable for the basic services and will also be responsible for managing the collection of Rates & Levies as this is a legal requirement under South African law.
9.2. As Marloth Park is a declared municipal township, have you had any feedback/ approval from the Authorities: Municipal, Provincial and National?
As stated in Q&A section 9, we have not approached the Municipality as there is little benefit of starting negotiations with an entity when the entity you represent does not yet exist.
We have, however, had some early discussions with entities such as KNP, MTPA and have been assured of their support should we have sufficient support of owners. Once the Trust is registered, we will then have the authority to move forward because we will be representing 100% of the beneficiaries within Marloth Park.
The PBC will be responsible for “top-up services” in the same way a Home Owners Association would conventionally be accountable, and the Trust would be accountable for the safekeeping of common assets in the same way a Body Corporate would be accountable.
9.3. NKLM rates bill includes about R100 per month for gate security and refuse collection. How do we know NKLM will give these fees up? What additional costs will be levied by the Trust?
The rules that govern a Special Rateable Area set out how this process is to be implemented (find more info on our resources page). This is currently working in hundreds of CID & SRA in South Africa.
Sadly, like everything - we will need to rely on the law to enforce if it things go wrong.
9.4. How can we assure ourselves that the roads in Lionspruit & elsewhere in MP will not fall under the responsibility of the Trust and the costs to maintain them will not be part of Trust’s responsibilities?
That is a requirement of the CID & SRA in South Africa. We can only take over “Top-up services” under an SRA in South Africa. What is and is not covered will also be set out in the agreement between the Municipality and the PBC when the terms of the SRA is agreed.