CRITICAL: Say "NO" to Big Trucks for the safety of our children. Speak up NOW!

This is the most important post I have ever put on this blog. 

Please read this. And if you agree and want to protect the children of Thesen Islands, you MUST make your voice heard. For NOW is the time to speak up.  Email tihoa@tihoa.co.za    
Encourage other owners to stand up. Copy your email to thesenislander@gmail.com and I'll put it on the blog. 

If you have the email addresses of friends and neighbours, please send a link to the blog to them. Or tell them to google "Thesen Islander News". The HOA spins the news to suit their narrative. Just look at how they reported the 80%-90% opposition to the increase in bulk at the AGM in January and how the owners who were there reported it to see what I mean.  

UPDATE: See the video and pictures at the bottom of the page for what the increase in bulk will mean to you in your  home.

This is what I have told the committee investigating the bulk story. They are our last chance to stop this... 

Date: May 9, 2019

To: The Committee Members

Mike Barber
Hugh Bosman
Suyenne Botha
Lester Day (Chairperson)
Orrie Fenn (Trustee Infrastructure) 

Chris Mulder
Mark Stemmett

I refer to the  INCREASED FAR (BULK) COMMITTEE Terms of Reference, published on March 15, 2019:

1.1.2 consider evidence and submissions in writing or verbally from stakeholders

As a stakeholder, I am submitting the following for your consideration.

The disdain of the trustees for the owners, signalled by their heavy-handed approach and lack of transparency, while emitting the lingering odour of self-dealing, in trying to force through the gutting of the Design Guidelines to increase the size of houses, is a bitter pill to swallow.

And as you try to digest that, you have to swallow this: Despite the increase in bulk being rejected by 80% to 90% of the owners at the AGM in January 2019, the trustees still refuse to concede their scam is dead and should be buried. That they still, boldly and without shame, claim this decision is theirs alone to make is a virtual middle finger to owners.  

It is wrong on many levels. But most critically it is wrong in the danger it brings to owners and their families, especially our young children and grandchildren, for it opens up Thesen Islands to a never-ending major building cycle.   

The Trustees decided, without telling owners or getting approval from Knysna Municipality, to allow the increase in the size of the houses on Thesen Islands with their motivation, stated months later, as:

“the real aim (for the changes) was to provide the stimulation for improvements“

- Chairman’s Report December 6, 2018.

So, the Trustees are  aware of the increased construction activity they are unleashing on Thesen Islands. In fact, they want it. 

Yes, there will always be some building activity on Thesen Islands but under the current Guidelines this will mainly be limited to inside work, such as remodelling bathrooms, kitchens, etc. To the point, the sizes of the houses will not be increased. Virtually all are at the maximum size.

The Trustees decision triggers a much bigger, noisier and risky type of building activity - the increasing of the sizes of the houses. It can be argued that having taken this decision, while aware of the consequences, the HOA could be found to be criminally negligent. 

Gutting and increasing the size of houses requires concrete, reinforcing bars, bricks, roof trusses, roofing sheets or tiles, windows, doors, etc to be brought onto the Islands. To get to this stage, parts of existing houses will have to be demolished. Rubble, redundant roof trusses and roof material, doors and so on will have to be removed.  

To move this type of material on and off the Islands, big trucks, including concrete mixer trucks, are required.

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.

It is already happening. The Trustee’s illegal decision has seen the gutting of at least 2 houses already. With the increased trucks and noise this brings.   

The Thesen Islands Development Company (TIDC), the developer of Thesen Islands, decision to impose a 4-year house building time limit was a decision taken for the benefit of those who would be living on Thesen Islands. It ensured that houses were built promptly and building would be concentrated in areas.  This was exactly to guard against what the Trustees now want  - a never-ending building cycle all over the Islands!  See below for an explanation of how the TIDC plan worked.

Yes, the Trustees plan throws the whole of Thesen Islands open to “no time limit” building and resultant big trucks on our narrow roads. I believe that disregarding the potentially dangerous consequences is criminal negligence. While the trustees cannot be held personally liable for their poor decision, the HOA will suffer financial disaster if a large damages judgment is awarded. Each owner will be liable for his/her pro rata share. Read: You, me and our neighbours all pay.

But forget the legal and financial consequences. The potential tragedy of the loss of one life or serious injury is frightening. This must be stopped. Unless your committee is able to talk some sense into the trustees, there could be dark days ahead.    

The more I have thought about this, the more concerned I have become. But while I may end up with financial responsibility, I will not have to accept moral responsibility. I have pointed out the dangers. I have said “no”.

Owners who agree need to stand up and say “NO”.  For the children of Thesen Islands.

Yours sincerely,

Ken Rutherford

Criminal negligence occurs when someone acts in a way that is an extreme departure from the way that a “reasonable” person would have acted in the same or similar situation. Criminal negligence generally involves an indifference or disregard for human life or for the safety of other individuals.

Here is an overview of how the 4 year building time worked:

Each stand sold by the TIDC came with the condition that a house be built within 4 years of the FIRST transfer. If you bought a resale stand 2 years after the first transfer, you only had 2 years to build your house. Failure to comply would result in substantial financial penalties.

The stands on Thesen Islands were sold in phases starting at the Eastern end of the Island and moving West. The first phase was mainly Hammock Island. The stands in the next phase were only put on the market when most, if not all, of the stands in the previous phase had been sold.  

A stand could only be transferred to the buyer when all the infrastructure in that phase was complete – the roads, electrical, water, sewer, waterways.

On completion, each phase would be signed off by the Knysna Municipality, and the TIDC would immediately send this approval to the conveyancing attorneys, who would initiate the transfer of the stands to the new owners in large batches.

As buyers paid a 20% deposit, held by the conveyancer, with the purchase price only paid on transfer, the TIDC was motivated to have quick transfers. This meant that most owners in a phase took transfer of their stands within weeks of each other. So the 4-year time limit clock on the stands started ticking at about the same time.

As most buyers were keen to start enjoying their home on Thesen Islands, most of the house building tended to take place at about the same time. So that an owner who built in, say, the first phase on Hammock Island would be living in his home with most of the homes around him also complete. Early pictures at the HOA and on my blog show this.

UPDATE
What the increase in bulk means in reality to owner's lifestyle. These are pictures taken of the construction at J14 on 17 May, 2019. These plans were approved illegally by both the HOA and the Knysna Municipality as the "increased bulk" change in the Guidelines has not been approved by the Knysna Municipality: 

   

Advert from Action Ads:

Bulk Issue: HOA spin vs Owner's reports on what really happened at the AGM

This is how it works. If you have all the email addresses, you control the narrative. The HOA spins the news to suit their agenda. No question about it. 

Keep in mind that:

The vast majority of owners are totally dependent on the HOA for their information. 

The "Bulk Issue" is the most important issue facing Thesen Islands ever. And it gets 2 sentences in the HOA's January 2019 AGM Minutes.

What the HOA said happened at the AGM about the increasing of the size of the houses:

Johan de Beer (K07) asked for a show of cards to get the general feeling of the meeting i.r.o. the increased bulk, which was done.

In principle the majority of the meeting was against the increase of bulk.  A small minority showed indication that they would like the matter to be investigated further. 

What the owners said happened:

Owner 1

“Not sure if you've been informed, but the 'expansion' of Thesens was rejected by a forced vote by the homeowners (as the HOA had removed the topic from the agenda pending the commission - slimy ) . No decision on the insider offenders yet.”

Owner 2

“In a nutshell a member asked for a show of hands from the floor for members who were against the increase in bulk. Nearly 80% of those present did not want it.”

Owner 3

Of significance and importance to us is that the question of the TIHOA DRP and Trustees decisions relevant to the question of “Increased Bulk or FAR” was hotly debated. Although poorly controlled and after many exchanges the action of the Trustees in establishing a sub-committee was put to the vote and their action was carried by the narrowest of margins.

Then because of continued pressure It was decided to have a “Straw Poll” for an indication from the meeting to sub-committee as to whether the Members actually wanted any “increase in Bulk or FAR”.  The overwhelming vote was NO – my estimate 90% against, so the Subcommittee has a clear mandate of Members feelings and this really took the Trustees by surprise.

Owner 4

So we survived, although it probably was the largest gathering ever by Members for an AGM it was not overly dramatic. It was interesting to hear the comments, Chris Mulder spoke leaving no doubt that for him and the Developers negotiating the Building Rules for TI were long and hard. Graham Power also spoke and sort of intimated Members take a vote on whether the Committee proceed with their deliberations.

Another Member stood up and said, let’s have a show of hands. This was the obvious solution. By far, I mean by a huge margin the overwhelming majority stuck their hands up for leaving the DRP Guidelines concerning Footprint and Bulk as is. There was then a call of hands for the proposal the Committee investigate the issue. If there were twenty it was a lot. This was not a formal vote but a show of hands to guide the Trustees.

The Committee still stands but their job is to resolve the issue of properties who are over Footprint or Bulk.

In real terms I think this means they are not going to let go of the Bulk story, it is bound to raise it’s ugly head again. The Trustees maintain there are more than 30% of houses not in compliance; their inference is that these can be fixed by the Bulk story. Chris strongly disagreed and said that under his guard every building was properly checked. 

So that’s where we are, I don’t for one minute think the Bulk issue has gone away.

Why I do not want to be on the "Bulk Committee" or be a Trustee

Mark Stemmett, who on the "Bulk Committee" asked me why I had not offered to serve on the same committee. He also suggested I stand for election as a Trustee at the next AGM, probably in early 2020. As I have been asked these questions before, I have posted my reply here: 

Dear Mark,

I did not offer to serve on the bulk committee for two reasons:

Firstly, as I said in detail in my first submission, I have a suspicion that the committee is a bone tossed to the homeowners to make us feel that we have some input. That the trustees are still committed to forcing through this bulk increase. Unless, maybe,  the report that the committee gives to the trustees is unequivocal in its rejection of the bulk increase and the uproar from the owners is such that they cannot ignore it.  

But then the trustees have shown great capacity for ignoring the input of owners. It was clearly demonstrated at the AGM in January 2019. But I live in hope as I have put faith in the committee members, hence my submissions.

Secondly, if I was appointed to the committee, I would repeat that I reject the increase in bulk. The in’s and out’s of why I am against it is  spelt out in my emails to the HOA and repeated on my blog, as well with the opinions of others which should be taken note of. I included links to these in my first submission.  So why sit in meetings to repeat myself?  

As to standing as a Trustee, let me say this. Like with the previous trustee’s plan to build houses in the Parkland, I have been forced to make a public stand of an opposing viewpoint. I do this not because I want to be in the public eye but because someone needs to stand up and give the opposing view to, at least, a few other owners. 

The trustees only advance justifications for their decision. And complain of being “attacked” when someone disagrees with them.  Or try to ban them from the AGM.  And as they control the email addresses, only their viewpoint is widely heard.  Even the discussion at the AGM is reduced to 2 sentences in the HOA Minutes.

It is unfortunate that we appear to have some trustees with very poor judgment, some who use their position to advance their own interests and maybe some who will not publicly disagree. Being a trustee ( “on the inside” as you say) hasn’t been of any help to the majority of owners on this issue, has it? Every decision that comes out is reported as a unanimous decision.  And they refuse to share the minutes of their meetings with owners, as required by the Constitution.   Not one trustee has stood up and said they disagree. It is a code of silence. Forced or unforced.

So why be a trustee if you cannot voice your own opinion outside of the HOA offices? Even you as a member of the bulk committee are sworn to silence. So I become a trustee or committee member and first I must sign an oath of silence? How is that going to help anyone except the trustees wanting to increase the bulk? 

Being on the outside means I am my own man. I am not gagged. (Although I do not believe for a moment that a trustee or committee member who spoke out would suffer anything other than praise from most fellow owners.)  Why this need for secrecy? It is only a Home Owners Association!

All owners have a responsibility to monitor decisions taken by the trustees and protest those with which they disagree. To be involved in the running of Thesen Islands. The trustees are meant to represent the interests of the owners, engage with the owners on major issues and be open and transparent.   Not make major decisions in secret and then refuse to share their discussions.  The idea that if you are not a trustee you should not criticise doesn’t hold water but it is often put out by those “on the inside” and others to try to shut critics up. And it often works.

Owners write and tell me they support my stance and make solid arguments against the bulk increase, but when I suggest that I put their letter on my blog, they mostly decline. Most are even fearful to write to the HOA! Is this a healthy environment? Of course, not.  

Yes, for me, it would be less stressful and time consuming simply to write a private letter to the HOA and be done with it. But on this bulk increase scam that, if allowed, brings risk to residents, destroys the peaceful lifestyle every workday and will change the feel of Thesen Islands for ever, I have no choice but to stand up publicly.

Ideally, we should have a majority group of trustees who are not wanting to use their position to make money or for personal benefit but to help steer Thesen Islands for the benefit of the majority of owners. In an open and transparent way.  But we don’t. So we have this unpleasant fight.

Finally, I am kept busy running my US based business which services customers worldwide. In different time zones, of course.  By the way, I have served as a trustee. In the early years I was a trustee representing the TIDC.   

HOA stonewalls on releasing minutes of Trustee's meetings - 5 months and counting

It is now 5 months since I first asked for the minutes of the Trustees meetings for  2018.  I am not the only owner who has been asking, either.   Despite the Constitution stating that the minutes should be "made available" to  members, the HOA continues to drag its feet.  In previous years, other groups  of trustees published the minutes on the HOA website, without even asking for them. Makes you wonder, doesn't it?    Here is the timeline of emails: ---------------------------------------------------------------------------- February 22, 2019

Dear Paul,

In December 2018, I asked for the minutes of the trustee's meetings for 2018 to be posted on the HOA website. As they were in the past.  This was ignored.

I am now asking that the minutes of the meetings held in 2018 be sent to me.

 
Sincerely,

Ken Rutherford

----------------------------------------------------------------------------

February 26, 2019

Hi Ken,

Was this request per email and to whom? Plse resend as I cannot locate same.

Regards

Paul

----------------------------------------------------------------------------

February 26, 2019

I resent my original email.

----------------------------------------------------------------------------

April 8, 2019.

Dear Paul,

To recap:

I first requested the 2018 Trustees meeting minutes on December 18, 2018

I requested them again on February 22, 2019

On February 26, 2019, you wrote asking me to resend my original request as you couldn't "locate same". I resent my original email on February 26, 2019.

Om March 6, 2019, you called me and told me that the lawyer was investigating whether giving me access to the minutes was a violation of the POPI Act. You told me that this would known very shortly.

Today, April 8 2019, over a month later, I have not had any response. It is hard not to think that the strategy of the HOA is one of hoping I forget my request.  As this has been dragged on for so long, I also request the minutes of all trustees meetings held to date in 2019.

But in the meantime, I have investigated the POPI Act, and I see:

Section 11: Personal information may only be processed if — (c) processing complies with an obligation imposed by law on the responsible party; (d) processing protects the legitimate interests of the data subject; (e) processing is necessary for pursuing the legitimate interests of the responsible party or the third party (the other owners in the scheme) to whom the information is supplied.

As the minutes are the “legitimate interests” of mine and the rest of the owners, and according to the TIHA Constitution must be shared with owners, the trustees cannot hide them from us using the POPI Act.

Please communicate with me in writing.

Sincerely, Ken Rutherford

----------------------------------------------------------------------------

April 15, 2019

Hi Ken,

Please accept my apologies for this unintended delay.

Members may inspect the minutes in terms of the Constitution.

I was instructed a while ago to prepare an ‘access to minutes’ document for dissemination to members with legal input into said document.  

This document will be finalized shortly and will spell out a process for members to inspect same, taking into account POPI and PAIA (Promotion of Access to Information Act).

Once same is finalized it will be disseminated to members.

I am endeavouring to expedite the process.

Regards, Paul Burchell

----------------------------------------------------------------------------

Extract from the Thesen Islands HOA Constitution, adopted at the AGM on January 3, 2019: 

19.11 The TRUSTEES shall: 19.11.1 ensure that minutes are taken of all scheduled meetings of the TRUSTEES, although not necessarily verbatim, which minutes shall be reduced to writing without undue delay after the meeting has closed and shall then be certified correct by the CHAIRMAN of the meeting; 19.11.2 cause such minutes to be kept of all scheduled meetings of the TRUSTEES in a minute book of meetings of TRUSTEES kept for that purpose; 19.11.3 keep all minute books of meetings of TRUSTEES in perpetuity; 19.11.4 on the written application of any MEMBER, make minutes of scheduled TRUSTEES and General meetings available for inspection only by such MEMBER subject to all necessary steps being taken by the TRUSTEES to ensure the due and appropriate protection of privacy of persons and confidentiality of subject matter in any such inspection process.

What really worries me about this bulk scam.... the safety of our little kids

Come join me on my veranda.

Yes, it is a bit noisy but it's still nice and cool.  Great that we are still having some hot days. 

You know what really bothers me about this push to increase the bulk? 

Well, there are 2 things. The first one...

Despite 80% to 90% of the members being against it at the AGM, this group of trustees are still pushing ahead.  You would think that with that sort of opposition they'd put their hands up and say "OK, we get it. "

Can you believe that they were approving plans with increased bulk even when they didn't have approval from the Knysna Municipality? Probably started in July or August last year but they only told us in December. The insiders knew, of course.

See that house over there ... as you can see it has been gutted, the single story area made double story. Construction noise starts at 7.30 and ends after 5 every day.  That is what this increase bulk means, more construction. Which means noise, dust, trucks, bakkies... the negatives don't end.

As I was saying, this noise is a big irritation but the 2nd thing that really worries me is the increased amount of heavy trucks and bakkies on our narrow roads.  

When the 4 year time limit to build a house was in place, there were a lot less peoples living on the Islands. Now we have lots of families with small kids, lots of grandchildren visiting their grandparents, And riding around on bicycles, tricycles, scooters...

I don't have small kids or grandchildren but  I am worried stiff.  

You have grandchildren don't you?  

Well, you owe it to them and to all the other little kids who live here to tell the HOA in no uncertain terms that this attempt to increase the bulk is a dangerously stupid idea and must be stopped. 

It is insane to open Thesen Islands up to continuous building. 

It is coming to crunch time. If you are opposed to this, then you need to add your voice to those fighting against it. Write and tell the HOA where you stand. Get involved! Your levy won’t be doubled. Security won’t drag you out of your house at 3 in the morning and take you to Red Square (HOA building) and give you electrical shocks. Well, it hasn't happened to me yet. But if it does, you will be the first to know.   

These do not mix safely....

  

Submission to the Increased FAR (Bulk) Committee

The fight against the unilateral decision of the HOA/trustees to gut the Design Guidelines and increase the bulk is far from over.  We have a group of trustees who are still pushing ahead despite opposition from 80 to 90% of the owners at the AGM in January 2019.

You only have to read what the HOA/trustees say. See below. 

You only have to look at how the HOA/trustees have changed their story of the reason for this decision to believe that if there was a 3rd story they could come up with to push this through, they would.  

You only have to know that the HOA were approving plans with the increased bulk for about 6 months, before they told us. And they did this WITHOUT having the approval of the Knysna Municipality. Both the HOA and KM confirm this. See below.

I wasn't at the AGM but l, and the rest of the owners who were not there, owe a big vote of thanks to the owners who turned up in numbers and voiced their objection to this "added bulk" scam that will destroy Thesen Islands under our noses. See below for feedback from some owners.  

Let the Increased FAR (Bulk) Committee and the HOA know where you stand. Write your letter today. You are in this fight, too. Don't stand on the sidelines letting others speak for you. If enough owners voice their unhappiness, we may be able to stop it now.  They can ignore 1 or 2 owners, but they cannot ignore hundreds. 

Send a link to this blog to the many other owners who are unaware of it. The HOA can send out an email to every owner at the push of a button, I cannot do that.  

Below is my submission which I sent to each Committee member. Send you submission to the HOA. Ask for confirmation/proof that it was received by the committee. Or email me at thesenislander@gmail.com for the individual addresses of the committee members. I don't want to post them here. 

Your submission can be as short as you want it to be. One sentence stating your position is all that is needed. 

The next meeting is:  Monday, April 1, 2019    

(No indication of when the last meeting is - it could be this one. So get your submission in without delay. We don't want to run into a "disqualified submissions" issue like that happened with the proxies at the AGM)

Date: March 26, 2019

To: The Committee Members

Mike Barber

Hugh Bosman
Suyenne BothaLester Day (Chairperson)
Orrie Fenn (Trustee Infrastructure)
Dr Chris Mulder
Mark Stemmett

From: Ken Rutherford

I refer to the INCREASED FAR (BULK) COMMITTEE Terms of Reference, published on March 15, 2019:

1.1.2 consider evidence and submissions in writing or verbally from stakeholders

As a stakeholder, I am submitting the following “evidence and submissions” for your consideration.

Firstly, I thank you for giving your time and energy to serve on this committee that potentially could sway whether we stay Thesen Islands or become Knysna Quays South over many years of increased building activity.

As you are aware that the position of the trustees, in a message sent out on December 31, 2018, is:

"whilst the trustees stand by their decision" to increase the bulk they are forming a "sub committee" to make "inputs" that the Board of Trustees "will consider, and "if appropriate act upon."

You will also be aware the trustee’s first motivation for the increased bulk: “the real aim (for the changes) was to provide the stimulation for improvements“- Chairman’s Report December 6, 2018.

How many owners benefit from that? More building means more dust, more dirt, more noise, more bakkies, more trucks, more danger for children riding bicycles, more security threats from the increased workers.  There was a solid reason for the 4 year building time limit.

As the trustees stand by their decision, what do you say to the perception that your committee is a bone tossed to owners to make them feel involved in the decision to increase bulk but, at the end of the day, has no relevance?

My concern is that you may have been appointed to give legitimacy to the undemocratic, and illegally implemented without approval of the Knysna Municipality, decision of the trustees to increase bulk?

1.1 The overall objective of the Increased Floor Area Ratio (FAR) (Bulk) Committee is to consider the Increased Bulk agreed by the Trustees while taking cognisance of the majority view of Members at the AGM...

Not surprisingly, this is an attempt to downplay the huge majority of the owner’s opposition to the increase in bulk. In fact, owners who were at the AGM paint a very different story of what happened and what the mandate of your committee was meant to be. I was not at the AGM so I share with you parts of the emails I received:

 Owner 1

“Not sure if you've been informed, but the 'expansion' of Thesens was rejected by a forced vote by the homeowners (as the HOA had removed the topic from the agenda pending the commission - slimy ) . No decision on the insider offenders yet.”

Owner 2

“In a nutshell a member asked for a show of hands from the floor for members who were against the increase in bulk. Nearly 80% of those present did not want it.”

Owner 3

Of significance and importance to us is that the question of the TIHOA DRP and Trustees decisions relevant to the question of “Increased Bulk or FAR” was hotly debated. Although poorly controlled and after many exchanges the action of the Trustees in establishing a sub-committee was put to the vote and their action was carried by the narrowest of margins. Then because of continued pressure It was decided to have a “Straw Poll” for an indication from the meeting to sub-committee as to whether the Members actually wanted any “increase in Bulk or FAR”.  The overwhelming vote was NO – my estimate 90% against, so the Subcommittee has a clear mandate of Members feelings and this really took the Trustees by surprise.

Owner 4

So we survived, although it probably was the largest gathering ever by Members for an AGM it was not overly dramatic. It was interesting to hear the comments, Chris Mulder spoke leaving no doubt that for him and the Developers negotiating the Building Rules for TI were long and hard. Graham Power also spoke and sort of intimated Members take a vote on whether the Committee proceed with their deliberations. Another Member stood up and said, let’s have a show of hands. This was the obvious solution. By far, I mean by a huge margin the overwhelming majority stuck their hands up for leaving the DRP Guidelines concerning Footprint and Bulk as is. There was then a call of hands for the proposal the Committee investigate the issue. If there were twenty it was a lot. This was not a formal vote but a show of hands to guide the Trustees.

The Committee still stands but their job is to resolve the issue of properties who are over Footprint or Bulk.

In real terms I think this means they are not going to let go of the Bulk story, it is bound to raise it’s ugly head again. The Trustees maintain there are more than 30% of houses not in compliance; their inference is that these can be fixed by the Bulk story. Chris strongly disagreed and said that under his guard every building was properly checked.  So that’s where we are, I don’t for one minute think the Bulk issue has gone away.

1.1.4 with the understanding of the data by type of property, or group of properties and the interpretation of the applicable Zoning parameters/scheme, to submit to the Board comment as to whether the change proposed by the Trustees is minor...

In the “IMPORTANT NOTICE TO MEMBERS -TRUSTEES' EXPLANATION OF THE DECISION TO OFFER INCREASED FAR (BULK) TO REGULARISE THE ESTATE dated December 21, 2018, the trustee said:

 “Our attorneys have also concluded that the minor expansion of rights, within the parameters of the Knysna Municipality Zoning Scheme, for which Municipal approval is a mere formality, is indeed a minor change to the Design Guidelines, within the meaning of clause 9.1 of the Constitution.”

The trustees appear to have lost faith in this “legal opinion”. But as we were told they had one, please investigate, firstly, if it exists, and if it does, what it says and which attorneys provided it. And the date it was provided.  

3.8 Minutes shall be kept in a Minute Book and signed off by the Chairperson at the next meeting. These minutes, because of the confidential nature relating to members, will be made available for viewing to members upon written request, in a redacted form (to comply with POPI) in a reasonable time.

The trustees love to roll out POPI and I suspect that they are getting ready to use it here to hide the names of the trustees and other connected owners who benefited from the approval of plans with increased bulk from about July 2018 through the end of the year when they told the rest of us.

And they didn’t even have the approval of the Knysna Municipality to do this! See below for confirmation of this from both the HOA and the Knysna Municipality. 

Oh, and “made available for viewing” means? Sit and read them in an office at the HOA. Tough luck if you don’t live in Knysna.  How’s that for discouraging an informed membership? But like the ANC, they don't want an informed electorate

Let’s look at the POPI Act:

The Protection of Private Information Act.  “In a technological age, which is governed by social media and characterised by aggressive consumer marketing, the over-arching aim of the bill is to protect individuals’ personal information from misuse. She says privacy is important because data and its relative worth to companies in the form of databases is enormous. She says this means there is a real chance that it will be abused.” 

https://www.property24.com/articles/impact-of-popi-act-on-sectional-title/21092

Fair enough.  But from the Act:

Section 11: Personal information may only be processed if — (c) processing complies with an obligation imposed by law on the responsible party; (d) processing protects the legitimate interests of the data subject; (e) processing is necessary for pursuing the legitimate interests of the responsible party or the third party (the other owners in the scheme) to whom the information is supplied.

I would say it is in the interests of owners to know who the trustees are, it is suspected, who benefited from their positions to get their own increased bulk plans approved and those of connected individuals without the rest of us owners knowing a thing about it. 

I would say this is in the “legitimate interests” of all owners and the gets to the core of good governance:  How and when, or if, the increased bulk was approved by the trustees.  

We already know it was implemented without approval of the Knysna Municipality (1) as the trustees have acknowledged it (2).

(1) Email from KM Town Planner on February 11, 2019 that said “Yes, we have recently received an application for the increase in bulk and the application is still in its initial stage”

(2) See “In order to clarify possible misconceptions, we list the timeline of documents sent to Knysna Municipality relating to, inter alia, FAR” in the email  “Increase in FAR (Bulk)” dated February 15, 2019.

4.2 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.

Chris Mulder will mostly be sitting in a chair in the lobby. At times, he may be joined by Lester Day.  It is ironic that they throw this in now when they co opted and made chairperson of the Design Review Panel, an interior designer who also sells light and bathroom fittings. 

4.4 As the Committee has an investigative and deliberative function, it will not take formal decisions or votes. However, when the Chairperson reports the findings and recommendations of the Committee to the Board, the Chairperson shall report all matters as agreed by the Committee or as not agreed. Where the Chairperson believes this will assist the Board, he/she shall explain points of internal disagreement in his or her report to the Board.

Nothing has changed. It is the trustee’s call.  As the trustees said in their December 31, 2018 email: “whilst the trustees stand by their decision" to increase the bulk they are forming a "sub committee" to make "inputs" that the Board of Trustees "will consider, and "if appropriate act upon."

The position of the trustees is clear. They want to increase the bulk.  And as they control the work of your committee and more powerfully the means of communication with the owners, only their spin (as it changes) gets communicated to the owners.  This we have seen in the past.

The 80 to 90% of owners at the AGM who oppose the increase in bulk never get to tell the rest of the owners why they feel this way.  Just dismissed in a one liner in the AGM minutes.

In summary, aside from my questions at the beginning on how you see your roles, these are my questions and requests:

The minutes of the trustee’s meeting approving the increase in bulk.

The minutes of the trustee’s meeting approving the implementation of the increased bulk Guidelines, with subsequent approval of house plans, without the approval of the Knysna Municipality.

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

The legal opinion that the change to the Design Guidelines was “minor” in terms of the Constitution with the name of the attorney and the date it was provided.

In the email, IMPORTANT NOTICE TO MEMBERS - TRUSTEES' EXPLANATION OF THE DECISION TO OFFER INCREASED FAR (BULK) TO REGULARISE THE ESTATE dated December 21, 2019, the trustees made certain claims:

 Apart from the plan submissions to the DRP which highlight that many properties are over bulk according to our existing Design Guidelines, additional investigations by our BCO indicate that as many as a third of properties are non-compliant; and these are only the properties that we are aware of. 

My question: As many as a third? Please investigate the methodology used in this investigation. And the details of the results.

It needs noting that ALL past and present changes have been agreed to and accepted by the Trustees and the Knysna Municipality:  the application is merely a formality. The DRP has as a result been approving plans based on addenda dating back some years.

Do the trustees acknowledge that the claim that the Knysna Municipality had “agreed and accepted” the changes is actually false? I refer to the email from KM Town Planner on February 11, 2019 that said “Yes, we have recently received an application for the increase in bulk and the application is still in its initial stage.”

I submit the following posts from my blog

http://thesenislandernews.blogspot.com/2018/12/the-email-that-got-craig-smith-banned.html

http://thesenislandernews.blogspot.com/2018/12/more-trucks-more-dust-more-noise-more.html

http://thesenislandernews.blogspot.com/2018/12/read-and-weep-selling-of-thesen-islands.html

http://thesenislandernews.blogspot.com/2018/12/proposed-increase-in-bulk-is-not-minor.html

http://thesenislandernews.blogspot.com/2018/12/hoa-tries-out-new-story-im-not-buying-it.html

http://thesenislandernews.blogspot.com/2018/12/ex-md-of-tidc-slams-trustees-intent-to.html

http://thesenislandernews.blogspot.com/2018/12/another-owner-says-no-to-hoas-bulk-scam.html

http://thesenislandernews.blogspot.com/2018/12/chris-mulder-ex-tidc-director-master.html

http://thesenislandernews.blogspot.com/2019/01/what-i-know-summary-of-scam-to-date.html

And just so you know what sort of Design Review Panel we now have:

http://thesenislandernews.blogspot.com/2019/01/incompetence-evasion-design-review.html

http://thesenislandernews.blogspot.com/2019/01/more-evasion-from-design-review-panel.html

Depressing isn’t it? Your committee, even as hamstrung and boxed in by the trustees’ “Terms of Reference” as it is, has the last chance to, just maybe, save Thesen Islands from the rampant self interest and greed of a few. I wish you all strength to make the right decisions.