Monday, December 30, 2019

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 3rd 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 2nd story have far more impact on the neighbours. In their 2nd 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 (4th 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.