But according to the municipality, all by-laws regarding the incorporation have not been complied with.
Trustees of the Pearl Valley Homeowners' Association will take developer Pearl Valley Investments to the Western Cape High Court.Wayne Waldeck mainly relied on the municipality's view of the merger not being compliant with its by-laws as the main contention for his application. Although the developer owns less than 1% of levy-paying units and less than 0.2% in value, PVI has a chairman's casting vote at board meetings and 5 000 votes at any other general meeting as the estate is still in the development period.
Stating its case to the residents, the homeowners' trustees in a communique argued it was essential to oppose what it called oppressive behaviour by the developer.It detailed the specific conditions they requested from PVI, including the incorporation does not extend the development period of Pearl Valley as"forced incorporation will extend the development period indefinitely", allowing it to"retain its control over all aspects of life" at the estate.
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