BIG BAY MASTER PROPERTY OWNERS ASSOCIATION (MPOA)

COMMONLY ASKED QUESTIONS

Question
Is the MPOA a legal entity?

Answer
Yes. The MPOA was established in terms of Section 42 of the Land Used Planning Ordinance as a condition of subdivision imposed by the City of Cape Town.

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Question
Am I required to be a member of the MPOA?

Answer
Yes. All property owners of every rateable property automatically become a member of the MPOA on registration of transfer into their name. All initial purchasers in Big Bay (i.e. those that purchased from the City of Cape Town) became members of the MPOA in terms of the conditions of sale. Every subsequent purchaser is required to sign acknowledgement that they will become members of the MPOA and agree to abide by the requirements of its constitution prior to the clearance certificate being issued and the transfer taking place.

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Question
What happens if I refuse to pay my levy?

Answer
Once a property owner’s account has been in arrears for an unacceptable period despite reasonable attempts by the Trustees to recover the debt, the account will be handed over to attorneys for collection. The additional costs including attorney’s fees incurred in collecting the debt is, in terms of the constitution, payable by the property owner. In extreme cases a property can be attached in order to recover the debt.
There is also a title deed condition that requires a property owner to obtain clearance from the MPOA before a property can be sold and transferred. Clearance will only be given where there are no outstanding amounts owing to the MPOA.

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Question
What benefits will I get for my levy?

Answer
The main tangible and visible benefits are as follows:

• The landscaping and irrigation in all public areas is maintained on a continuous basis. This is particularly noticeable in the hot dry months.
• Litter is cleared from the public areas on a continuous basis. A team of three permanent employees perform this function 5 days a week.
• The external facades of the walling and fencing along Otto du Plessis are to be maintained by the MPOA. This ensures an acceptable level of maintenance as well as consistency/uniformity along this important scenic route.
• The urban beacons at the entrances to Big Bay and nautical masts along Otto du Plessis are to be maintained by the MPOA. The flags on the nautical masts have to be replaced two to three times per year.
• Alien vegetation (Rooikrans, Port Jackson, weeds, etc.) are removed from the road reserves and public areas.
• There is a legal collective entity to follow up on transgressions and problematic issues relating to the Big Bay area.
• Maintenance of the public amenities where this function is not undertaken by the City of Cape Town.

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Question
How does the MPOA function i.e. who runs it?

Answer
Just as with any other property owners association or body corporate, a general meeting is held on an annual basis and trustees are elected. Due to its size, the Big Bay area is divided into six blocks (see attached diagram) and a trustee is elected to represent each of the blocks. Each trustee representing a block has a vote in proportion to the sum of the levies payable by all property owners in that block, divided by the sum of the levies payable by all property owners in the Big Bay area. The only exception is that block A, due to its size and different land uses, can elect four trustees, but these trustees have one collective vote as determined above.

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Question
Who are the trustees and how can I get hold of them?

Answer
The trustees, together with their contact details are as follows:

Block A	-	Geoff Chiat geoff@cit.za.net or dianne@bigbay.bz
Block B	-	Gary Slabbert
Block C	-	Morne Weyers
Block D	-	Tertia Mdunge
Block E	-	Cornell Wagenaar
Block F	-	Richard Seiler rchrdseiler@yahoo.com
Developer Trustee	-	Colin Green colin@rabie.co.za
City of Cape Town Trustee	-	No elected trustee
Property Administrator	-	Hannelie du Plessis Hannelie@rabie.co.za

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Question
How are the levies calculated?

Answer
The levies are calculated at 9,75% of the annual rates attributable to each property. It is estimated that this would generate sufficient income for the MPOA to function as required. In determining the budget for each year the trustees are able to raise or lower this percentage in order to match forecasted income and expenditure.

The linking levies to municipal rates (and hence value) provides the most equitable solution and best accommodates different land uses e.g. residential, retail, commercial.

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Question
What happens if in my opinion the Council’s valuation is incorrect and therefore my levy is too high?

Answer
As with Municipal rates, an incorrect valuation does not absolve the property owner from paying the required levy. If the Municipal valuation is subsequently adjusted, the MPOA levy will also be adjusted. In the event that a rates rebate is given, so too will a rebate be given with respect to the MPOA levy.

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Question
Will the levies be backdated?

Answer
No. The levies will be collected from 1 September 2008 and not backdated to the beginning of the financial year or earlier.