New lipstick for the Pig! Trustees try a 3rd colour lipstick but Pig is still a Pig. Pig will be sued! Picture!

New lipstick. Same pig.

You can put lipstick on a pig. But it is still a pig.  Trying 3 different colours won't help. It remains a pig.

Now with their 3rd reason, Trustees try for the 3rd time to bamboozle members to agree to increase bulk. 80% to 90% of members said "NO" at the last AGM, their own committee said "NO", but here they are trying again...   

This 3^rd reason can be summed up as: It is fair because all the members lose.  An unusual, yet baffling reason. Like agreeing we all shoot ourselves in the foot. It is fair, because we are all limping.

Time to say NO (again) to their scheme to increase bulk. And send them packing. Over a year of this is enough.

** Red Herring Alert ** It is now being put out that Members will simply ignore HOA and get bulk increased plans approved by the Knysna Municipality, if we don't agree to increase bulk. (Kinda like breaking into your own house before a burglar does.)   It won't happen. The Muni won't do it and the Constitution does not allow it. See below for why.

Let me cut to the meat of the communication from the HOA “EXPLANATION OF THE FAR (FLOOR AREA RATIO) PROPOSAL”, dated 20 December 2019 with 2 quotes:

“This is the fairest way to apply the right of land use.  Everyone then has the same benefit and opportunity. Everyone gets a Double Story Factor of 1.65”

“Can my neighbour expand his home to my detriment? The answer to this is ‘Yes’ they can.”

You bet, it will be to your harm or damage. This is what “detriment” means. 

What the trustee’s do not tell you (yet claim to be impartial) about their twice rejected scheme is:

Every member* gives up the right that they got when they chose their house or stand:

to know what your neighbours can build,

to keep all the views you currently enjoy,

to keep all the sunlight that you currently enjoy,

to keep all the privacy that you currently enjoy.

Because almost all, if not all, of this increased bulk is going upstairs.  Virtually all the houses, are already at 35% maximum ground floor coverage (and total bulk). So the only place this increased bulk can be added is by taking an existing single floor structure and making it double story. Using Ferry Island as an example, the increase will add, on average, over 32 sq. m to each house, about 90% the size of a standard double garage. 

Additions to the 2^nd story have far more impact on the neighbours. In their 2^nd attempt to pull the wool over member’s eyes, the trustees tried to spin this as a positive but it is plainly not.  Read  HOA tries out a new story - I'm not buying it.

And you give up more:

You give up the benefits of living on what the trustees call a “maturing estate” (as if that is somehow bad). The trustee’s proposal is to turn Thesen Islands into a never-ending building site. What would you prefer to live in? The initial 4-year building time limit meant that all building took place promptly. There is no time limit to their plan. The construction will go on and on.

You give up the right to live in an estate without the noise of jackhammers, cement mixers, angle grinders, hammering and banging, 5 days a week.

You give up the security that comes with a built out estate. No question, more construction workers on Thesen Islands five days a week, in and out every day, are a threat to our security. The HOA has already warned us of the dangers brought on by increased construction activity. Read HOA warns "Take Precautionary Security Measures" due to "considerable construction activity"

You give up our quiet streets which you will now be sharing with cement mixer trucks, brick delivery trucks, rubble removal trucks, the bakkies racing backwards and forwards every day.  This spells danger to our children and anyone on a bicycle. You get the inconvenience of more vehicles in and out at the Gate House. Read: CRITICAL: Say "NO" to Big Trucks for the safety of our children. Speak up NOW!  

Yes, by voting the proposal down, you give up the opportunity to add extra bulk to your house. But it is not something that is being taken away from you. You knew what you could, and could not build or add when you chose the house or stand for your home. You also knew what the neighbours could do. It is in the Design Guidelines that I, you, and our neighbours, agreed to abide by.  

The fundamental reason for buying a home in a private estate is the belief that what it is, it will continue to be. That doesn't seem to apply on Thesen Islands. A few years ago, members had to fight against the then trustees' "houses in the Parkland" scheme, now this. Read I never thought...the real threat to the Parkland would be of an invasion led by HOA Trustees

*The few stands that are less than 499 sq. metres are not affected. Their bulk factor is already 1.65. Why do they have a bigger factor? They are more like townhouses, smaller homes on smaller stands but with more bulk. Good town planning is not based on being “fair”, the trustee’s new buzzword. But what do they know about town planning?  Nothing, of course. Yet they think they know better than the original planners of Thesen Islands. But will only screw it up, if we don't say NO. 

The trustees show disrespect for the members, especially those who wanted more open space, more garden, perhaps sunlight, more privacy, and bought the bigger stands to get this. The irony of quoting a proverb about planting trees while pushing for bigger houses is lost on them.   

To the trustees, this “the fairest way” they talk about is that we ALL lose.  The only winners are the architects, interior designers, the rubble removers, the builders, the building material and fitting suppliers. 

How can you believe your HOA, if they keep changing the reason why they are doing something?

Reading the third reason given by the trustees to increase the sizes of the houses on Thesen Islands, brings to mind how Oscar Wilde described someone as “a person who knows the price of everything but the value of nothing.” Preserving the natural beauty and peacefulness of Thesen Islands means nothing to them. 

Yet preserving Thesen Islands is the best way of increasing its attractiveness to buyers and hence its value. If the place ends up wall to wall houses, no one, including buyers will like it.  

Bill Cooper, Remia Eksteen, Mark Williams,  Sam Lurie and their newly co-opted partners have no credibility and they have no respect for the members.

Support this item on the Agenda at the upcoming AGM:

Due to the number of Trustees that resigned during the year we request all Trustees to step down and those that wish to serve again to re-offer their services.

IIf you cannot or do not want to attend the AGM,  give your proxy to a member who will be attending. Email me at thesenislander@gmail.com if you want another member to vote for you by proxy. 

While the HOA is quoting Greeks, let me share with them what another Greek, called Socrates (4^th century BC) said: “The way to gain a good reputation is to endeavour to be what you desire to appear”




Some background and a few important comments:

** Red Herring Alert! ** Owners ignoring the HOA and getting plans with increased bulk  approved by the Knysna Municipality.

The story being put out that we need to increase bulk otherwise members will simply bypass the HOA and go straight to the Knysna Municipality (KM) and get plans approved with the increased bulk is nonsense.

Firstly, the KM  will only look at plans that have been stamped by the Design Review Panel.

Secondly, members are bound by the Constitution. Let me quote from the Constitution that is waved around when it comes to deciding what you need to be able to vote, yet forgotten when a red herring needs to be tossed to members.  The Constitution is approved by the Knysna Municipality so they are fully aware of these conditions.

8 Members obligations

8.1 every member is obliged to comply with

8.1.1 the provisions of this Constitution and all rules and regulations passed by the  HOA or the trustees

8.1.2 the provisions of the design guidelines

8.22 members shall not

8.22.2 submit plans in respect of improvements to the local authority in this such plans have been prepared by an architect referred to in 8.18 here of and approved by the TIHOA or its duly authorized representative.

9 the design guidelines

9.4  Any plans, notwithstanding approval by the local authority, which have not been prepared and/or submitted and/or approved in compliance with the above, shall be invalid.

Note: These clauses are still in the new Constitution that we spent over R90,000 on having it checked out by legal experts. 

(1) In late 2018, the reason was

"The real aim was to provide stimulation for improvements..." - Chairman’s Report – 6 December 2018

This is probably the most honest reason.  By the way, is it not overdue that trustees declare any possible conflicts of interest, which must  be recorded, at the time of standing for election or co-opting? And stay out discussions where the decisions they will benefit them?  To use the trustee’s new word, it is not “fair” to the trustees to have that doubt cast about their decisions and, by recusing themselves, this will be removed.

The HOA’s own Terms of Reference for the FAR/Bulk Committee put it this way “ Any member or person present at a Committee meeting shall recuse themselves while any matter in which they have a direct or personal interest or potential conflict of interest is considered.”   Why not for the trustees themselves?

(2) The next (main) reason given on 21 December, 2018, was:

“...it legalizes many structures with minor bulk issues that the HOA had incorrectly in the past, declared to be fully compliant.” 

This turned out to be a red herring when instead of the “many as a third” houses the trustees claimed were non-compliant, only 32 were over bulk. Read the FAR/Bulk Committee Report here. And the 32 properties INCLUDE those approved secretly "between August and November 2018" which members have still not been told about!

(3) Now the reason is given as “ We can stay as we are and not make any changes for fear of what they may bring, or we can move forward and make the changes required to keep Thesen Islands current and relevant and the market-leader it is.”  Email dated 21 December, 2019.

The trustees claim they take the member’s wishes seriously yet ignored the wishes of the 80%-90% of members at the AGM who rejected the idea of increasing the bulk. Read this.

They appoint a committee to investigate the FAR/Bulk issues. When the committee says that the increase in bulk is a bad idea, they threw their toys out of their cot, trashed the committee members, and ignored their report.   Read this.

Hatchet Job on FAR Committee Report & Members: Don't Follow the Trustees Down the Rabbit Hole

Here it is! George Rex never restricted bulk when he sold to Thesen. Just as I thought!

Go down the rabbit hole. To enter into a situation or begin a process or journey that is particularly strange, problematic, difficult, complex, or chaotic, especially one that becomes increasingly so as it develops or unfolds. (An allusion to Alice's Adventures in Wonderland by Lewis Carroll.)

The 4* remaining trustees, now with 2 co-opted friends, are trying to take members down the rabbit hole.Their complicated, technical, legalistic (and need I say unreadable?) response to the FAR/Bulk Sub Committee is another attempt to create confusion among members. Then demonstrate what they see as their brilliant research, analysis and grasp of the issues. 

Like spinning you around in circles until you are dizzy and then before you fall, grabbing you and saying “Look, I have saved you!”

To the point, it is a strategy of distracting members with technical issues as they continue to  pursue their goal of turning Thesen Islands into a business opportunity by increasing bulk.     "The real aim was to provide the stimulation for improvements..” - Chairman’s Report – 6 December 2018

*There are actually 5. But the 5th trustee is away most of the time and does not seem to play a role in this saga. So I’m leaving him out here.  Read this. 
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Moving on to the trustee’s response to the FAR/Bulk Sub Committee’s report. 

80-90% of the members voted  against the increase in bulk at the AGM in January 2019. The trustees didn’t like that. So they now dismiss it as “A straw poll is exactly that, an indication of opinion of the attendees of that meeting, no more and no less.” But the trustees were not actually wanting even a discussion, never mind a vote. The taking of a straw poll had to be proposed by a member and the rest of the members pushed for it. * Read this. 

What is wrong with a “straw poll”? Aside from when you don’t like what it tells you? It is members putting their hands up to give their vote on a matter. It is the same as putting you hand up to vote for a trustee or a new Constitution.  "No, of course not, you fool!  Completely different. Pay attention!"

These trustees will argue about the meaning of every phrase and word that does not suit them. Why is that? Because the members are not buying their argument and that – plus creating confusion - is all they have ever had. So this thing drags on like a bad marriage.  

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I wrote in the post on 2 August 2019 FAR/Bulk Committee Report: Bad news for Trustees (and they don't want you to see it). :

The decision to form a committee to investigate the bulk issue was, in my opinion, a strategic move by the trustees to try to remove it from discussion at the AGM in January. It failed. Members insisted it be discussed with 80% to 90% voting against the increase in bulk.  

Nevertheless, the committee was still planned as either the trustees had to drop their plan to increase bulk right there and then at the AGM, or roll the dice that the still to be formed committee would advance their agenda. 

But the trustees knew they'd rolled "snake eyes" when they saw the make up of the committee. Independent, knowledgeable members not able to be bullied into submission.   
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... it is worth noting that the trustees are the servants and not the masters.. (of the members).  But not here on Thesen Islands. *See more at the bottom of this post.

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In December 2018 I posted HOA tries out a new story - I'm not buying it , I wrote “The (HOA) communication buries the key issues under an avalanche of words using the approach of "this is too complicated for you to understand, but we'll try to explain it to you. But no need to worry, we're handling it as we know what's best". 
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They are now replaying their same (albeit failed) strategy to bury the killer blows dealt to their scheme by the FAR Sub-committee:   

”It is the view of the committee that the Trustees should not have agreed the overall increase in FAR proposed by the DRP….” 

and  

“The DRP be run exclusively by the appointed professionals…”  

“Trustees should not have any say on DRP rulings…”

“The Trustees may, from time to time, ask the Chairperson of the DRP for a report on DRP approvals and submissions not approved, but will otherwise not intervene in this process.”


The sub-committee, chaired by a trustee, with another trustee on it (both having now resigned. Fired?) was put in place by the trustees themselves and they selected/approved the members. In fact, it is officially called a “Subcommittee of the Board of Trustees”. But now they are so pissed off with it they have disowned it.  It is now “the FAR Committee”. 

And they complain “The FAR committee was comprised of a majority of members who were expressly and vocally opposed to any relaxation. There were no DRP members on the committee either." This is their own committee they are complaining about!  

The General Manager and the Building Control Officer (who is an important cog in the DRP) were also on their committee. But when the 4 committee members released the report they said “The Report was finalised with no dissenting views on any aspect and agreement was reached by consensus”. Make of that what you will. 

The trustee’s response to the killer blows?  “Comments above fall beyond the scope of the FAR Committee Terms of Reference..”  The straight-jacket terms of reference having been set by the trustees themselves in an effort to control the sub-committee. There is no practical  reason for ignoring parts of the report if, as they claim, it is outside the terms of reference. Other than you don’t like what it says.  

To be clear about the trustee's response: Who asked the trustees to go on this mission exploring the ins and outs of the conditions of approval of the development, the Knysna Municipality zoning laws and who knows what else, blah , blah, blah, blah, hiring consultants, “experts”, maybe lawyers, all expenses paid by us, of course, to produce an unreadable response to the FAR committee’s report that torpedoed their scheme?  And then they expect members to attend "workshops" on this?

But you can bet your house that if the FAR committee had said “increased bulk is a great idea” we would not have this gobbledegook drop with a thud in our mailboxes.  For sure, the sub-committee’s report would not have seen the light of day if some of the committee didn’t decide to release it directly to members. 

The trustees appear to be delusional at best, dishonest at worst.  They claim they take the member’s wishes seriously yet ignored the wishes of the 80-90% of members at the AGM who rejected the idea of increasing the bulk. Then they say they  “take very seriously our duty to be impartial….”  but have never allowed any other viewpoint other than their own to come from the HOA. And attack and threaten members who have, in their eyes, the audacity to call them out. 

They talk of  “unwarranted and perpetual attacks on their personal reputations by disaffected members” (never substantiated). I would say they’re doing a fine job themselves on their reputations and don’t need any help from members, disaffected or not.   

Oh, and they say “As always, we will happily engage with any bona fide request from any Member”. They have ignored countless requests for information on this whole fiasco for the last 9-10 months. Bona fide! Now they tell us! That has been the problem!  Here I, and many members, have been asking the same questions countless times, but we have never received an answer because, apparently, our questions aren’t “bona fide”!  

As a service to fellow members who don’t want to waste their time asking questions that are not considered “bona fide”, here are 2 examples that must fall into the “not bona fide” category: 

The names of the owners, house numbers and architects who had plans secretly approved with the increased bulk? 

A copy of the legal opinion that the increase in bulk is, to quote the trustees, "indeed a minor change to the Design Guidelines, within the meaning of clause 9.1 of the Constitution"? A 10% increase in bulk is minor?  Not one director of the Thesen Islands Development Company agrees. Read what 2 have to say here

While moaning about “attacks on their personal reputations”, the trustees do a hatchet job on the FAR Committee members as well as those quoted in the report who do not agree with them. And throw some mud: “their premature conclusions resulted in concealing a substantial FAR indiscretion by a FAR Committee member. It also revealed that other members of the FAR Committee are presently non-compliant.” 

Does that mean they can expect a visit from the Building Control Officer in the near future?  Is this not an attack on “personal reputations” they claim they are against? I am not going to get into a “whataboutery” with the trustees on compliance, either. But many members could.  

The FAR sub-committee proposals would, hopefully, stop insider deals and trading favours. We already had a taste where insiders were getting their plans approved with increased bulk while the rest of us knew nothing about it. So much for openness, transparency and fairness.  

To end, there is this from the remaining trustees: “The FAR Committee holds itself out to be beyond reproach with numerous suggestions as to the operations of the HOA, specifically the DRP.”  If you needed any further indication that the trustees do not tolerate any criticism, this is it.  How dare the FAR Committee even make suggestions to them?  The trustees know everything and they know what is best.  

As for the  “beyond reproach” jibe:  I would gladly take all the members of the FAR sub-committee to be trustees instead of the current bunch we are stuck with. And so, I think, would most members. For what the members of the FAR Committee did is put the interests of the members first. And stood up against this power grab by the trustees. For that, they earn their anger and hostility. 

The committee members can reflect on this quote from Franklin D. Roosevelt:

“I ask you to judge me by the enemies I have made.” 

And know that you have the respect of a huge majority of owners.  



*Another owner sent me this:
"At any stage the owners in a general meeting can direct the trustees to...abort or alter any course the trustees may be embarked on...it is worth noting that the trustees are the servants and not the masters..."  Read the full piece here. 


Every member reading this blog needs to realize that there are many other members who only get to read the “fake news” that the HOA puts out. So forward a link to it to all friends who are members. 

If you cannot, or do not want to, attend the AGM in January, give your proxy to a member friend or neighbour, telling him or her your position on this issue. If you give it to the chairman, as is the usual default choice on the proxy form, you know how he will vote.  

We need well-informed, involved members. The future of Thesen Islands depends on it.

HOA warns "Take Precautionary Security Measures" due to "considerable construction activity"

(I wrote this back in July but never posted it. There's been so much unpleasantness on Thesen Islands over the last year that I didn't want to add more. But recently I heard that there'd been an armed robbery on another gated estate in Knysna.  

The house next door was being modified and the armed robbers used a ladder from the builder to access the home through an open upstairs window. The family were held up. While no one was physically harmed, the mental trauma will have long term effect. 

The question has to be asked as to why this house with a window upstairs open was targeted and how the robbers knew there was a handy ladder next door? Speak to anyone in crime prevention, construction activity does bring an increase in crime. 

So I decided that this post, while disturbing, needs to be aired.) 

The HOA believes that the "considerable construction activity" is such a threat to our security that they warn us about in their newsletter. Yet they plan to turn Thesen Islands into a never ending construction site. 

Increasing construction activity is not in us owners interests, as the HOA confirms by their warning. But the HOA by continuing to push this "increased bulk" and the way they have gone about it, has demonstrably shown that have long stopped putting owner's interests first. 

Remember: 80-90% of owners at the AGM in January 2019 voted against it but that has counted for nothing. It should have been dead and buried right there. Read more here

 So I read in the Thesen Islands Homeowners Association newsletter sent to owners on 2 July 2019 (bold added):

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Take Precautionary Security Measures 

Allsound's crime statistics in and around Knysna for the 5-month period ending May stand at 294 reported incidents. Although Thesen Islands is proud of its effective security measures, 

we need to bear in mind the considerable construction activity occurring across the Islands with a constant to-and-fro of contractors, builders and maintenance staff. 

This is a reminder to all of us to be AWARE of what is happening around us, to immediately report suspicious activity, and to make sure that we keep garage doors closed, and doors and windows locked whenever we're not at home. Please also make sure you do not leave valuables in plain view where they can be reached at home or picked up through a car window. Finally, make sure you lock your car doors wherever you park your vehicle.

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As I wrote in my post on 18 December, 2018:

Most importantly this is definitely not in the interests of the huge majority of homeowners, ourselves included. Increased construction will bring more big trucks, more bakkies, more noise, more dust and more workers. The trucks and the bakkies will endanger our children and grandchildren riding their bikes on our narrow roads. The extra workers will be an added threat to our security.

Read more here

As I wrote in my post on 19 December, 2018:

Your role is to boost the businesses of architects, interior decorators, kitchen installers, builders and allied trades by adding on to your house. Or even knocking it down and rebuilding it if you like a lot of "stimulation" in your life. While you suffer from the increased congestion with trucks, as well as noise, dust and more workers,  less safety for your kids on bikes on our narrow roads and less security due to the increased number of workers, just think you are doing your part in making other people richer.

Read more here

And as I wrote on 24 December, 2018:

And if so, would the HOA agree that achieving "more improvements" will mean more truck, bakkies, noise and dust?   

That more vehicles on our narrow roads will mean more danger to our children?

That "more improvements" will mean more workers and an increased threat to our security? 
Read more here

If the trustees force through their plan, I predict that the next warning from the HOA to us will be about the danger to our children brought on by the increased trucks on our narrow roads.

As I wrote in my post on 12 May, 2019:  

CRITICAL: Say No to BIG trucks for the saftey of out children. Speak Up NOW!

These trucks will be travelling on our extremely narrow roads past our houses and parks. Family neighbourhoods where children play, walk and ride their bikes, tricycles and scooters on the sidewalks and streets. The danger to our children & grandchildren cannot be ignored by any reasonable owner. If the luckless Moorhens and Coots at the bird ponds, now getting run over regularly, are the “canaries in the mine”, our children are in grave danger.  

Read more here

Now is the time for owners to make their voices heard! 

Write to the HOA at tihoa@tihoa.co.za TODAY!
Make sure you vote at the AGM or give your proxy to a friend or neighbour to vote for you.   

Groan... More Baloney from the Trustees

Quick! Fire somebody!

He who does not bellow the truth when he knows the truth makes himself the accomplice of liars and forgers. Charles Pierre Péguy (1873 – 1914) 

There is no pleasure in shining a light on the trustees’ decisions and actions. It is depressing. But the disinformation that continues to come from the HOA needs to be exposed. 

Members must to know so they can make informed decisions about the credibility and capability of our current leadership.  And this blog which started out as a happy place to share pictures of the development, has by default, become the alternative voice.  Along with the unofficial (not HOA controlled) TI Facebook group.  

What is clear to me, though, is that the trustees, and hence the HOA have become increasingly combative and belligerent in dealing with members and others. Where everyone who irritates them by criticizing their decisions or does what they don’t like is attacked, threatened or sued. Read this   (Links are in blue and open in a new window)

This “Scorched Earth" approach has bad consequences for Thesen Islands. Unhappy members, 4 trustees resigning in 2 months, an architect reportedly resigning from the DRP. Most likely the next resignations will come from the professional staff at the HOA. As they, too, decide they cannot take the toxic atmosphere any more. We have a well qualified, experienced GM who is not allowed to get on with his job with what seems like virtually every request, no matter how innocuous, sent to the lawyers or trustees for input. Does all this impact on the running of Thesen Islands? Absolutely. Does this look appealing to potential buyers on Thesen Islands?  Absolutely not.  

Is this the type of HOA you want?  

Do you accept them passing a resolution increasing bulk in August 2018 but only telling you in December 2018, while during this time they approved “increased bulk” plans of insiders who they have refused to name? Read this and this

Are you happy that, unlike say, the Knysna Municipality, our HOA refuses to put the minutes of the trustee’s meetings on the HOA website for everyone to read (like in the past)?  

Have you been intimidated into silence by your HOA? 

I think it is disgraceful that we have an HOA that shamelessly carries on like this. And it reflects poorly on us members, too. Think about this, please. Make your voice heard. 

The latest episode of this ongoing soap opera is the Board of Trustees’ ponderously named CHALLENGES TO TRUSTEE ACTIONS RESULTING IN UNNECESSARY LABOUR, INCONVENIENCE AND EXPENSE email sent to members on 17 September, 2019.

Controlling the HOA communications with members, they abuse their position to convey an incorrect version of what happened at the CSOS hearing and then use that version to smear a member, accusing him of wasting their time and our money. And threaten “strong action” against members who they claim are doing the same. See more on CSOS below. 

For example, read how they spinned the AGM discussion on bulk here  (Keep in mind that more members read their communications than read this blog. Forward this to all the members you can.)

As has become a continuing story about credibility over the last 10 or so months, the Board’s version of what transpired at the CSOS Arbitration Hearing between the HOA and Craig Smith does not stand up to scrutiny.  Like their changing story of the reason bulk must be increased. Read about that here

And it is not a matter of Smith’s version versus the HOA’s version. Here we have the CSOS Adjudicator confirming Smith’s version. And we have a Resolution signed by all the trustees that is dated on the business day before the hearing that confirms BOTH Smith’s and the Adjudicator’s version. 

Here’s a summary of events according to Smith (Read his full response here):

August 2018:  Board approved a Resolution to increase bulk. This increase was not communicated to Members until Dec 2018.
November 2018: Smith asks Board to revoke Resolution and take the issue to members. Board refuses.
March 2019: Before continuing with his CSOS Application, Smith again asks HOA if the Resolution has been revoked.   Answer is negative.

(Smith: Why is this important ? Clause 18.12 of our Constitution states “All Resolutions recorded in the minutes of any meeting of Trustees shall be valid and of full force ……until varied or rescinded”.)

Monday 16 September 2019: Arbitration hearing with Smith, HOA Chairman Bill Cooper and the CSOS Advocate in attendance. At the start of the hearing, Cooper presents the advocate with a Resolution signed by the Board of Trustees revoking the Resolution to Increase Bulk. The date of this Resolution is Friday 13 September 2019. As this is what Smith had been asking for since November 2018, the CSOS Advocate declares the meeting closed. Read the Resolution here.    

Here’s Zama Matayi, the CSOS Adjudicator, confirming Smith’s version in an email dated 23 September 2019. Read his email here

Please find herewith copy of the (TIHOA) resolution that revokes the previous resolution to increase bulk. (Y)our prayer was to declare the resolution invalid. This document sets aside the resolution you wished to declare invalid therefore there is nothing to declare invalid because same has been revoked.

Here is what the Board of Trustees told members in their email dated 17 September,  2019:

Monday's referral was moot long before it was to have been heard.  The Adjudicator picked this up and refused the relief and struck down the Application brought against us (TIHOA).  Unfortunately, the Application had to be comprehensively and responsibly dealt with by the TIHOA.  We had to have legal assistance and, in addition wasted many many man hours within the Estate Office and that of the Board of Trustees to contend with this frivolous endeavour by a disenchanted individual. Read the full email here

As you have read, that is not what Craig Smith said happened and not what the CSOS Adjudicator said happened. And the Resolution revoking the increase in bulk that the HOA itself handed in at the hearing confirms both Smith's and the Adjudicator's version.  

Then the trustees, having been asked since November 2018 to revoke the resolution wait until the Friday (13 September 2019) before Monday’s Arbitration Hearing (16 September 2019) to revoke the Resolution. And they accuse Smith of wasting their time and HOA money on this? 



More on CSOS.  As their website says “The CSOS was established in terms of the Community Schemes Ombud Service Act to regulate the conduct of parties within community schemes.” All Members  pay dues based on our individual levies and the money is collected by the HOA and paid over annually. The CSOS provides an Alternative Dispute Resolution service. Any person in a community scheme may lodge an application to the CSOS if such person is a party to or is materially affected by a dispute. This entails the resolution of disputes outside of the courts. This method is often preferred as the most cost effective and speedy way of settling disputes through methods such as conciliation and adjudication.

Coming soon...    

Don't Follow the Trustees down the Rabbit Hole  A response to the hatchet job on the FAR Committee's Report and the committee members.  

Top 10 Reasons Leisure Island is Now a Better Place to live than Thesen Islands. Looking back on our decision, 19 years ago, to make a home on Thesen Islands rather than Leisure Island, one of the options, I came up with this list. 

FAR Report Fallout! 4 Trustees resign... Why does the HOA not name them? Because 2 of them delivered a report they weren't meant to?

"And now, at this point in the meeting, I'd like to shift the blame away from me onto someone else."

HOA email to members, 6 September 2019:

Dear Member

Over the past two months we have had four Trustees resign for business as well as personal reasons.

We are however pleased to advise that Robyn McCall and Renette Kumm have recently been co-opted to help fill the void due to the above resignations.

As co-opted Trustees they serve until the next AGM (Jan 2020) and are available for re-election at the time if they so desire.

We welcome Robyn McCall and Renette Kumm onto the Board and wish them well in their new roles.

Paul Burchell
General Manager

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When I read this, I was more troubled by what it did not say than what it did.

Firstly, ”over two months”? That is conveniently vague to hide any conflict that resulted in resignations.

Secondly, the resigning trustees are not identified. Surely, having been elected by the members, members should be told who they are? But not many members expect openness and transparency from the HOA anymore.  

That's why this blog (not my choice, but someone has to get the other side of the story out) continues to be the place members come to read about what is happening on Thesen Islands. As well as a growing number of  onlookers (amused, intrigued, potential buyers?) slowing down to look at the continuing wreck... circus...sh*t show... pick your word...that is Thesen Islands today.     

Well, the resigning trustees are Lester Day, chairman of the FAR Committee and a long standing member of the Board. Orrie Fenn who was also a member of the FAR Committee. And we know how the remaining trustees feel about their report. They hate it and blame them for it. 

And then 2 outsiders, Paul Zwarts who was doing good work on the gardens and Russell Belter, who was only elected this January. 

One could say that the voices of reason have gone. I don’t really know, but they did not seem to be part on the inner circle.

Who is left?

Bill Cooper, Remia Eksteen, Sam Lurie and Mark Williams. They are undoubtedly the drivers of the increase in bulk. And they get to choose two more trustees. John Stevens, is the fifth Trustee, who is in charge of finance, and has not seemed to have gotten himself embroiled in this mess.

What is unfortunate is that, until now, none of the four have given their reasons for resigning. I  think that if you were elected by members you owe them an explanation as to why you resigned, especially if the issue is the governance of Thesen Islands.

Thesen Islands is in a crisis. Now is the time to stand up and make you voice heard. That means all of us. And we need a few strong members to stand as trustees at the next AGM. 

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Sh*t show: Some people might find the term offensive but when you read one of the definitions on Urban Dictionary I think you'll agree that it fits. This is how it is described: A description of an event or situation which is characterized by an ridiculously inordinate amount of frenetic activity. Disorganization and chaos to an absurd degree. Often associated with extreme ineptitude/incompetence and or sudden and unexpected failure.

Coming soon...  

Don't Follow the Trustees down the Rabbit Hole  A response to the hatchet job on the FAR Committee's Report and the committee members.  

Plus: 

Top 10 Reasons Leisure Island is Now a Better Place to live than Thesen Islands. Looking back on our decision, 19 years ago, to make a home on Thesen Islands rather than Leisure Island, one of the options, I came up with this list.