Seaward special meeting called

Following a Durban High Court ruling earlier this year that Seaward Estate Master Homeowners Association’s (SEMHOA) attempt to buy Destiny Life Church was unlawful, residents against the sale will now have their voices heard at a special general meeting (SGM) on November 25.

On July 22, Judge Rashid Vahed ruled that a number of factors made the land transfer illegal, including SEMHOA’s reduction of the voting majority from 75 to 50 percent and its decision to reduce the notice for calling an SGM from 60 to 21 days.

Vahed also deemed that the joint residential representatives acting on behalf of SEMHOA do not possess the power to acquire ‘immovable property’, and that their attempt to buy the land was unlawful.

He also found SEMHOA’s decision to impose a R12 000 special levy on all homeowners irregular, as they are not in a legal position to decide how the purchase price of the church would be funded.

SEMHOA chairman, Dickie Garzancich, said that this method was chosen to outbid Life Abundance’s (a charismatic church from Richards Bay) offer of R7.2m, as a budget of R8m was drawn up to secure the transfer.

The issue of access control was also raised by Garzancich, as while the church is owned by a third party, non-Seaward residents attending the church would be able to enter and exit Seaward without restriction, which is why SEMHOA claimed the issue posed a security threat to residents.

At a meeting on August 11, however, SEMHOA trustees decided to appeal the judge’s ruling relating to their lack of purchasing power of the church and its grounds.

Vahed granted the trustees leave for appeal, but since none of his other rulings were appealed, three of his mandates remain valid.

As a result, an SGM must be held between SEMHOA trustees and Seaward Estate homeowners, wherein the five homeowners challenging the purchase in the court proceedings can prepare an agenda and propose resolutions to be debated by both parties.

In addition, there can still be no transfer of the church property to the association until a 75% majority has voted in favour of buying the church.

This vote will take place at the SGM scheduled for November 25 where homeowners are being encouraged to put forward proposals dealing with the matter and to participate in the negotiations.

The voting majority has been set at 75%, as laid out by SEMHOA’s constitution and ruled by Judge Vahed, in order for any agreed resolutions to be seen as legitimate.

The church and its surrounding grounds are still owned by Destiny Life, which has moved back in with its congregation.