Thank you and Goodnight!

There are 4 posts, including this one:
Click on the title of each of them below and it will open in a new tab. Or click on them on the right.Thank you.

The Latest Absurdity – Trustees ban holiday rentals
Pour a stiff drink or a large glass of wine before reading this. A worthwhile use of your stash of booze.  My suspicion of government paid off. I always suspected that alcohol could be banned again and laid in a big stockpile. I was "Customer of the Month" at the "Wine of the Month Club"! Problem is with an open-ended ban you don’t know how “lavish” you can be.  
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“I don’t know who reads his blog." - Notes from the AGM 9 January 2020. And a breath of fresh air...
A few comments on the last AGM. An announcement of the formation of the new grouping of members and how to join. 
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A Vision for Thesen Islands - Members uniting for a Better Way forward – Members unite for a better way forward.
 The introductory newsletter from this new group, A breath of fresh air badly needed  
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After 29 blog posts over the 13 months of the FAR/Bulk fiasco, it doesn't need saying that I am happy that FAR/Bulk issue was soundly defeated with 71% of members voting NO at the AGM. 

Despite the huge advantages the trustees had with being able to use the staff of the HOA , the finances of the HOA and the mailing lists of all the members, a majority of members saw through their self-serving misinformation. 

Now with the forming of this new group (Read – A Vision for Thesen Islands), which already has more members on the mailing list they I have, these 3 posts are my last on current issues on Thesen Islands. With the Fisch Group offices in Belvidere being sold (Now the "Oak Leaf Brunch Café") we were forced to clear out the Thesen Islands files, documents, etc. I have some interesting pictures that I will be posting over time. But that is all I am going to be posting. I hope.

Thank you for the posts in the comments that became more as time went on. Supportive or not. Like those telling me I am old and should to leave Thesen Islands. Please comment on these 3 posts. Good or bad, I can take it.  You can post anonymously. 

Sorting through my notes I came across points and thoughts that never made it into a post. So to finish off, I am sharing them here.   
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If the purpose of the electronic notice board is to get messages across, it is a failure. How often to you catch a glimpse of something that you think “mmmm.. what’s that?” But it disappears before you can read it. Never to be seen again. If you are a contractor  waiting for the next “Contractor Induction” date, you will see a flash of it, but not catch the detail. Your only option is to park your bakkie, take out your fishing stool, your flask and your sandwiches and go sit yourself on the side of the road and wait, who knows how long, for the message to reappear briefly between the “Welcome to Thesen Islands”,” Pick up after your dog”, “No drones”, “No fireworks”, “Honk if you want videos.”  Showing fewer message for a longer time would be a big step forward.
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Talking about the Contractor Inductions. I had to beg my tree trimmer to attend one with his helper. 2 x R100. He did a head count. I think he said there were about 35 people there, each paying R100. Total R3,500. “Not bad for an hour’s work” was his comment. 

Our HOA is like any government. Create a layer of user unfriendly, expensive bureaucracy and charge to pass through it. What about recording a video once, playing it once a week, and charging R25 each? If you don’t think that R100 a worker charge doesn’t end up coming out a member’s pocket, you are naive.  Likewise if you don't think it is a discouragement to contractors to offer their services to members, which then has the effect of limiting competition with resultant higher prices to members, think again. 
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How come you have to pay to register your worker at the HOA but if you register a paying guest for your flat it is free? What happened to the “User Pay” policy the HOA talked about years ago?  But then if virtually everything is user pay, how come the levies are what they are? Now if  legal fees were made "User Pay" as well, they'd be less.
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The best predictor of future behaviour is past behavior.
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If a KM Councillor resigns, there is a by-election. Councillors don’t get to pick their buddy to take the place.
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Do you find the trustee's apparent lack of interest in reviving the bird ponds puzzling? Every and all suggestions from members, or offers of help, are dismissed out of hand.
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Given the COVID-19 pandemic and the devastation to the economy, almost all members who are running a business or working in a business have seen their income cut. Will the HOA staff get their usual increase? And 13th cheque?  Has it become a government job insulated from the reality of the economy? If so, why?
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I have noticed that there is obvious damage to the brick speed bumps and brick paving on our roads. Almost certainly caused and aggravated by large, heavy trucks. Yet our trustees wanted to turn Thesen Islands into a never-ending building site. That would have benefited the service providers and the few owners who wanted bigger house or are in the construction business. The damage to the roads?  That we ALL pay for. No “user pay” here. Why isn’t there a charge for big trucks to use our roads?  User Pay!   
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The borehole.
My email to the HOA in late August 2017:
A guy called Roger Parsons operates a specialist groundwater consultancy.  A friend who has used him ran by the plan of drilling on Thesen Islands. This was the feedback:
 "...  he does not think this is the view of an experienced groundwater specialist.  If indeed there is an aquifer he believes differential pressure will cause the ingress of saltwater.  He suggests obtaining supporting opinions from specialists before throwing money at this scheme."

His website is:
http://www.pasgc.co.za/

 From the website:
 Parsons & Associates Specialist Groundwater Consultants CC is a focussed company promoting sustainable use of South Africa's precious underground water resources by all its people. The company was formed in 1996 to meet a growing demand for specialist geohydrological services, particularly with respect to water supply, groundwater contamination, environmental impact assessments and waste disposal. The consultancy provides skills and support in all facets of groundwater.

Part of the HOA reply:
Firstly, the only true authority on the presence of a viable water supply is the borehole itself. Until this is done, it remains opinion and this is only buttressed by the experience of the specialist.

Parsons view about underground water being present, "is not the view of an experienced groundwater specialist", but I am sure he is not aware that this is the opinion of Willo, one of the most experienced geologists in the country.

SCORE: The “experienced groundwater specialist": 1 
The” experienced geologist”: 0  
The biggest losers: The members who picked up the tab. 

No one wants to talk about exactly how much, but I hear over R200,000. That’s the “personal information” that the HOA doesn’t like to share.  
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But the HOA doesn’t want to install water harvesting tanks at Red Square. It is too expensive, they say. And because the gutters drain to the inside courtyard! Yes, but from there must be some modern technology like a pipe that drains the water under the building to the outside, surely?  The HOA should be setting the example to members with water harvesting. Yes, it will not amortize itself. But is gives you independence from the KM for most of the time. And perhaps it could help the feed the ponds.  I have 2 x 5,000L tanks which keep me in water almost year-round.   
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Given that the Design Guidelines have effectively been tossed out the window, what does the Building Control Officer actually control?  
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I was amazed to read that a trustee can serve 9, yes NINE, years.  That needs to change. Being a trustee should not be a career. And if you want to make it a career, you need to rethink your life choices. Do you think the HOA will tell us who is up for re-election or resigning before the AGM? Or will it be a “get back to you” reply.
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I notice a pattern here in Thesen Harbour Town with our HOA. Legal action over THI with, I think, 9 proposed rental units, HOA asking KM questions about the Boatshed, main occupant The Lofts Boutique Hotel. (See post – The Latest Absurdity).  Do you think that the owner of the Turbine Hotel is wondering if he’s next in the firing line?  
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The trustees never put their name to any communication. It is always “the Board” or they make Burchell put his name to it.  Yet they constantly whine about personal attacks. How can you attack someone if you don’t know who they are?  Memo to self: Get my worker to put his name on my blog. 
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To the people who say "Stop the arguing. Why can't you sit down and come to an agreement. If you all be nice..."  There was no middle meeting ground about building houses in the Parkland or increasing bulk. Nor was there any about the cellphone towers. 

Build in only half the house in the Parkland ? So only half of the affected members lose their view? Do we have them draw straws?  Draw straws as to who gets a cellphone tower outside their house, too?  Likewise with the Bulk increase. The choice was basically between keeping Thesen Islands as it is or turning it into a never ending building site that slowly became to resemble Knysna Quays in density. 

Rather than whine about those who stood up against the trustees, look at the actions of the trustees. Yes, it was unpleasant. Yes, it still is unpleasant. But a fight is never pleasant. Most people avoid them. But sometimes there is no choice. 

Unfortunately there are some trustees to whom the best interests of the members and living in harmony are alien concepts. Bit harsh, you say? You obviously were not at the AGM where this was on display for the whole meeting.      
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But what this has shown is that the good people of Thesen Islands can and will stand together as a united force. Not afraid and not intimidated. I salute and thank those members.  Being in the thick of it, what I did notice that it was the women of Thesen Islands, maybe even more than the men, who would not allow themselves to be bullied.  

Thank you and goodnight. 
Ken Rutherford

And another thing. When they start telling you "You still have it", you don't.

The Latest Absurdity - Trustees ban holiday rentals

                                                     "Leave room for Gin"


I get the feeling that the trustees are anti holiday renting. Looking from the outside, they seem to be looking for reasons why it can be banned. Or am I distrustful?  But then look at how they act.

With complete disdain for the member's views or interests.  Where is their mandate for arbitrarily banning rentals? Without consultation with members? Without, it seems, engaging diligently with the KM and competent experts? With no regard to the hardship this banning would cause some members? It is hard to escape the feeling that they want to punish certain members. Or all of us. For what, who knows? 

And answerable to members? Not a chance. 

In the real world any business that spends as much on lawyers as our HOA is either crooked or going bankrupt.  

And we've got the "Don't Speak to Me, Speak to My Lawyer" gang in Red Square. Starting fights with our neighbours. Spending our money on lawyers.

We get an email on May 29, 2020 saying that :

All formal communications relating to TIHOA has always in the past and will in future take place through the TIHOA office and portal, not via FB or ANY other Social Media.  Any Member can express their own views on non-official TIHOA platforms, but such views are not necessarily those of TIHOA, unless TIIHOA officially sanctions such. 

Yet, when I look at my wife’s Facebook (I am not on Facebook) I see long technical debates, apparently spilling over from the “official” HOA controlled Facebook pages (she’s not registered there)  to the “non-official” Facebook page. Renette Kumm, who the trustees have appointed head of something called "Thesen Islands Rental Organization", in the thick of it.  So why is this debate happening on 2 different Facebook pages if, according to the HOA, it counts for nothing?  Or are they "officially sanctioned"?

By the way, the HOA controlled Facebook page apparently deletes opinions it disagrees with. And cannot explain how pro trustee fake profiles are created on their HOA Facebook even though they approve all the joiners. 

When the most recent fake FB profile was discovered the GM promised a member that they would check the database and ensure that only those members who were entitled to be on the page would be. The member says that at the time Warrener Law was a member and has been since 2018. How does a lawyer paid for by the members, who is not an owner or a long term tenant, land up as a member of this group? To keep an eye on the restless members?.

Like when the HOA cannot explain how private information of members opposed to them ends up in the hands of pro trustee members and is widely distributed by email.  I think they said they could find no evidence of the leaked documents. You would think the documents under control of the HOA landing up in the inboxes  of many members (mine included) is "evidence" of the leak?  It is all a big mystery to them.

To the banning of holiday rentals (except your own house over Christmas, it seems). 

I have not dug deeply into this. I don't know the intricacies. I am a layman. But what I read puzzles me as to what are the motives of the HOA?   Once again I see, in true Thesen Islands HOA style, it has becomes an argument over the meaning of words. Their tactic is "If you cannot beat them with whole understandable sentences, then drag them down to debating the meaning of words." Like what does "dwelling" mean? Tenant?  Monday?  Door?  Holiday?  And refer to obscure, often outdated documents. It is the "bulk increase" playbook all over again.  Read here 

We get the absolute black and white (with liberal use of bold type) email from the HOA telling members they cannot rent out their homes/flats except over the Christmas holidays. HOA email 11 July 2020: Whole house lets on an ongoing basis or out of the Holiday Season are not allowed.  However, an occasional holiday let in season is allowed, providing it is not a business. 

Yet no one at the HOA seems to have spoken to the right people at Knysna Municipality or to a practising local town planner. Because the Knysna Municipality in an email states: “You are well within your rights to rent out your entire property for long term and short term rental.”  (I have not seen the email, just this quote from it) 

The town planner writes: “One cannot read something into a definition that is not there. The zoning by-law does not prevent short term letting, and it was also not the intention to govern the rental of a dwelling house through the zoning by-law. If gated community’s Constitution does not prevent the rental of a dwelling house, it can simply not be prevented via the municipality’s zoning by-law.” 

So now the trustees are rolling out a version of “this is all very complicated and confusing“  story that they used to try to pull the wool over member’s eyes on the bulk increase scam. 

They now say (30 July 2020): “…we took a long hard look at the by-laws regulating short term rentals. We asked the Knysna Municipality for comment, obtained legal opinion and sourced specialist input. Input from the Municipality has been vague and confusing, lacking a concise policy on short term-letting. They write of an “ongoing basis for at least eight months requesting clarification and a policy directive.”  But this vagueness and confusion didn’t stop their NO RENTALS  email of 11 July 2002, did it? 

Yet – IN LESS THAN A MONTH - worried members managed to get clear answers from the Knysna Municipality and a practising local Town Planner that demolished the HOA's interpretation. Nothing vague or confusing there. To add insult to injury, some Members paid for this expert advice out of their own pockets.

Then I come across this. I have cut it from the Special Municipal Council Meeting, Supplementary Agenda, 20 June 2020  (Use CTRL+ to increase size CTRL- to reduce again).

In summary this submission was made of behalf of the HOA (yes, you as a member)  by Sam Lurie & Mark Williams.  In A the HOA says: "Please add short term self-catering accommodation as a definition..." The response of the KM is  "There is nothing in the zoning scheme that prohibits the long- or short term rental of dwelling units to tenants or tourists. No amendment required."   There is no clear indication of why the HOA wanted this inserted, nor what was the HOA's intention. But given the KM response, it seem it well could have been a negative for members who do holiday rentals. Why would the HOA want to slide this definition into the zoning regulations? Just as confusing is why the application was made on behalf of TIHOA members yet no-one was informed of the changes or asked to provide comment.

In B, the HOA says: 'The Boatshed has been zoned business.There has been an omission of the regulation plan in recent new construction." The Boatshed houses The Lofts Boutique Hotel, ile de pain and other businesses. Why is our HOA concerned about this?  Are we again opening ourselves up to legal action from our neighbours? Like the action against the building at THI that the trustees and lawyers kinda, sort of, almost, but did not guarantee we'd win?  

Was the decision to submit these items made by the Board? Did all the trustees vote to do this?  What was their reasoning? (Oh no, wait we can't see the minutes unless we make an appointment at the HOA). Failing a detailed explanation from the HOA Board of Trustees to all members by email, make your own judgment on what these trustees were up to. 

I remember the SGM  called years ago to deal with short term rental where Renette Kumm arrived with a fistful of proxies and voted every attempt at control down. Proving once again that a person's viewpoint mostly depends on whether their ox is being gored. What is needed on Thesen Islands is more selflessness where what is best for our community takes precedence over what may be best for you.   

We do not rent our house or flat out. We did rent our flat out many years ago.

“I don’t know who reads his blog” - Notes from the AGM 9 January 2020. And a breath of fresh air...

"No Thursday's out. How about never - is never good for you?"

“I don’t know who reads his blog” – Bill Cooper, Chairman TIHOA Board of Trustees at the AGM on 9 January 2020, comment to the members when I got up to ask a question. Any member who got up to ask a difficult question could expect a belittling remark or reply, usually both.  

The meeting was so unpleasant that although I was always planning on writing a follow up on the AGM, I have just wanted to forget it.  And forget the whole sorry mess we have here on our beautiful Islands. 

In the 10 days before the AGM, 341 people read the post “New lipstick for the Pig! Trustees try a 3rd colour lipstick but Pig is still a Pig. Pig will be sued! Picture!” dated 30 December 2019. Read it here This post would have helped defeat – for the 3^rd time – the trustee’s scheme to ram through an increase in bulk. 

It was defeated by a vote of 154 against, 64 for. That’s a whopping 71% of homeowners saying "NO". 

Despite the trustee’s year of one-sided communications ending with December “workshops” seeded with feeble-minded lackeys throwing up powder-puff questions fed to them before the "workshop".

Here’s what a member wrote after the AGM:

“It needs to be remembered this doggedness and misjudgement of the Trustees also incurred the Members in unnecessary Legal Expenses.”  

“In the normal course of events people who make errors of such Poor Judgement are not worthy of the job and normally find themselves out of their positions.”

Not so much as a “Sorry for putting you all through this.”  They were told “NO” at the 2018 AGM, so they formed a committee. The committee said “NO”, so they trashed the Committee members and their findings and tried again at the 2019 AGM. and where told “NO” again. That is NOT how you look after the interests of owners. 

Cooper would have liked no one to have read this post    But 259 already have.

The blog posts (with 29 over the 14 month “Increased Bulk” issue) have a combined total of 20,000 reads. Members read it as they know that the communications coming from the HOA over the last years have been biased to push a viewpoint favoured by trustees. The blog is (not by my choosing but someone had to get the facts out) where people have come to find out what is really happening. 

None more so than with the plan to increase bulk and the previous scam to build houses in the Parkland. But I am hoping that the days of the blogging about trustee’s mismanagement are over and I can get back to posting interesting pictures about the redevelopment of Thesen Islands every now and then.  

Because….

There is a breath of fresh air, a feeling hope on Thesen Islands these days. Enough members have had enough of how the trustees are “running” Thesen Islands and a group of mainly concerned owners is forming. From what I have heard it is already almost every member. Join - It can only help make Thesen Islands a better place for us all.  You can read the first Newsletter here. 

This from Trent Rossini, a member driving the process:

Off the back of the many issues on Thesen, it is time we start to act. As per my previous emails, I have set up a database to start collecting details in order that we can get a coherent list of homeowners to participate in far great transparency and most importantly full democracy.

I have created a form for signup - http://eepurl.com/g-Wk8D

Please can you each complete this form and start the process by getting those people close to you to complete the form above – it collects vital details to be able to communicate amongst the homeowners. The list will be managed by myself and will not be shared with anyone outside Thesen and the messages will be carefully managed to ensure we don’t spam.

We really need to start a process of real transparency and full democracy and most importantly we need an alternative and honest narrative.

Thanks, Trent

A Vision for Thesen Islands - Members uniting for a better way forward

Introductory Newsletter

Thank you for signing up to the Thesen Islands Alternative Database. There has been much discussion in public forums about the issues at play on the islands, particularly related to the running of the Home Owners Association. We thought is important to communicate to the people that signed up to this newsletter to share our views of why we believe an alternative approach is necessary, what we plan to do and the assistance you can provide. The many points of unhappiness will not be the focus of this communication. We believe that a number of issues have been badly dealt with and for a view of the many issues, the FaceBook pages are a sad indictment of the toxicity at play.   These issues are generally complex and we are not going to attempt to provide perspectives on the above issues suffice it to say that the issues and the way in which there were (or are being) resolved is concerning. What we would rather to is position a view of the future vision of what characteristics should be apparent in the values and philosophies of the Home  Owners Association running Thesen Islands and the modus operandi for decisions related to the homeowners. An important point of clarity is simply because you have signed up to receive this newsletter is definitely not an assumption that you are endorsing the suggested course of action but merely that you are being kept in the loop on what we plan to do and how you potentially can participate, should you agree with the course of action. A Vision for Thesen Islands Home Owners Management Approach 1. Perpetuating the Thesen Lifestyle First and foremost, we are of the view that the Thesen Islands Estate is a lifestyle estate – one of the best in the country and everyone that is fortunate enough to have the privilege of owning a property on Thesen Islands has made a choice based on an environment that should enhance their lifestyle, bring happiness and calmness and ultimately should be a harmonious environment. There are some challenges in this regard as different parties will have different views on what is acceptable. For this reason, it is vital that a true democratic system is established in order that the best democratic decisions can be made. There should not be the notion of appointment “authorities” that lord over the homeowners. The homeowners deserve respect form the Home Owners Association, the HOA staff and any Trustee accepting the burden of service should do so knowing that it is will be a thankless task filled with lots of hard work for which there is no privilege – the only reward being that the quality of the estate is improved from which everyone collectively benefits. The use of an authoritarian approach where the Trustees have a deemed superiority to other homeowners is wholly unacceptable. A key outcome should be a greatly improved harmony amongst the owners and the Trustees – a harmony that arises out of an acceptance of compromise, clarity of the democratic process and complete transparency – not a harmony that arises out of acceptance of authoritarian edicts. 2. Good Governance and Avoidance of Litigious Behaviour Good governance should be free from biases and interests, it should be characterised by transparency and fairness and in the instances where choices are difficult or the choices are not clear, democracy should be used as a means to resolve issues. This implies that legalities should never be used as an excuse to do the right thing, the decisions should favour the majority and the test of any decision should consider the first point above ie “Is this perpetuating the Thesen Lifestyle”. While a large estate like Thesen Islands has many complexities and the use of professionals and in particular lawyers is inevitable, lawyers should be an absolute last resort. The practice of every decision been run past a lawyer needs come to an end and the legal costs need to be reduced dramatically. Where difficult decision are required, transparency is vital to ensure the home owners are kept abreast of developments. 3. The Rigorous Application of Agreed Rules Considering the Context. There may be a sense that there is a desire to have a “laissez faire” approach to rules which is definitely not the intention. Rules need to be rigorously and consistently applied but they should not be blindly applied and if a situation arises that requires the Trustees and Home Owner staff to apply their mind, they should be obligated to do so. Not every eventually can be considered in the construction of rules and thus the blind and belligerent application of rules can be counter to the objective perpetuating the Thesen Lifestyle. In instances where the context is very clear and the associated rules are very clear, the rules should be consistently and equitably applied. Where ambiguity arises, the first port of call should be the test to ensure that the Thesen Lifestyle is perpetuated and if further clarity is required and the solution is not obvious, then democracy should apply. 4. Systems and Procedures to Ensure Full Democracy The essence of a home owner association is that it is the association exists for the benefit of the homeowners and their families. The homeowners should be given access to information, they should be able to vote and the family or legal entity owning the home should be able to choose who is given the mandate to vote. The process should be seamless, be a minimum of administration and provide the best means to ensure a wide representation. Obstacles to participation, technicalities to preclude homeowners from voting need to be avoided at all costs. In addition, given that this database has roughly a 50/50 split between permanent residents and those that only visit periodically, remote voting, remote participation in meetings and remote access to information should be an urgent priority. The past behaviours of last minute exclusions demanding original proxies as well as the denial of virtual meetings must be eliminated as soon as possible. The ability for spouses of owners to serve as Trustees is another right that should be firmly entrenched. 5. Giving the Voice to Members The two forums on FaceBook were established to give a voice to members. While they have served a purpose, the views that are expressed are sometimes reflective of frustrations, are biased to a number of limited individuals (Trent and Craig – the contributors to this newsletter are included in that list) and most importantly the input does not legitimately align with the objective of giving a voice to home owners based on the principle of one vote per house owned. Many simply technologies exist to quickly obtain a view on any issue and we are going to ask your views in this newsletter to get a sense of your views of how Thesen Islands should be run. It has to be expected that not every issue raised will result in everyone being happy with the decisions and outcomes but if a process of democracy is put in place, then there will be far more harmony that will be achieved.  The Action Plan  We have contemplated the right response to the current situation and plan on the following action plan: ·         The first is the publishing of this newsletter to share the intent of the change we would like to mobilise and to obtain feedback on whether this database of homeowners is aligned to the thinking and course of action ·         Next we are contemplating the legalities of a Special AGM to urgency deal with electronic voting and the inclusion of all members of a family or the legal owner to be able to serve as Trustees. We believe this is a critical issue that we feel will free up the democratic space to achieve the other key elements of the Vision outlined above Our motivation is the objective of achieving a far more pleasant Thesen Island, that is better governed and represents the interests of the homeowners as a priority. Please can you click on this link to provide feedback on the key issues in this newsletter. These responses will be, in turn, shared with everyone in the Thesen Islands Alternative Database Please forward this newsletter to any homeowner that is not currently part of the database – they can sign up by click here Regards Craig Smith (Spouse of Owner of J9 ) and Trent Rossini (Joint Owner of P37)

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