Africa Property Group (APG), a property management company based in Paarl, finds itself under scrutiny once again following allegations from residents, this time from a housing estate in Milnerton.
Residents of Ascot Terraces claim that APG’s owner, Arusha Naidoo, refuses to step down as managing agent, despite the termination of the company’s mandate on 21 August 2024 during a Special General Meeting (SGM).
Paarl Post previously reported on APG, which was appointed as the managing agent at De Chavonnes, an apartment complex in Paarl, during early 2023.
Dawid du Toit, a concerned home owner and resident at De Chavonnes, told Paarl Post that this appointment was unconstitutional, as no Annual General Meeting (AGM) was held to vote on the matter.
Naidoo, in email correspondence with Paarl Post, confirmed that APG continues to manage De Chavonnes.
Ascot Terraces
According to home owners of Ascot Terraces, who wish to stay anonymous, issues with APG arose in April 2024 at the estate’s AGM.
The anonymous home owners allege that prior to the AGM, Naidoo had been “canvassing” owners of Ascot Terraces promising reduced levies.
“Before being appointed as managing agent, she [Naidoo] attended the AGM, along with two of her [business associates]. They all had proxies to vote; a highly peculiar action considering their vested interests; [and] trustees who were pro-APG were voted in.”
“Within a month [APG] had fired the existing managing agent (with no notice given to the agent nor Ascot Terraces residents) and employed APG,” the home owners told Paarl Post.
Since then, a group of home owners formally requested that APG and the then-serving trustees convene a SGM, supported by signatures from over 50% of residents.
This request was not honoured by APG or the trustees of the Body Corporate (BC) at the time, prompting the concerned residents to exercise their “legal right to convene the SGM independently”.
The residents argued that because the SGM was not granted by the trustees, it was within their rights to call a SGM where they effectively immediately terminated APG’s services.
With the support of the majority of residents, the concerned residents subsequently issued a notice to APG after the SGM on 12 August 2024 and elected new trustees.
“Despite this development, APG has refused to step down, and Naidoo continues to assert that she remains the rightful managing agent,” they said.
Since APG’s appointment as managing agent, the company has allegedly never convened an in-person meeting with residents, despite repeated requests.
APG, instead, insists on virtual meetings, despite many elderly residents being unable to participate due to technological constraints. “The estate, which had excellent financial reserves prior to this, now owes substantial amounts in water and refuse.”
“For the first time in our history our complex has qualified financial statements with obvious inaccuracies.”
Security gate
Another issue raised was the complex gate, which remained out of order until recently.
The residents report that APG installed an Accentronix access system — an electronic gate control system utilising biometric access — without obtaining the consent of all residents. Those who did not consent were subsequently denied access to their homes.
In an effort to ensure all residents could enter and exit the complex, the gate was switched to manual operation. However, this created a security risk. In response, APG installed a lock on the gate motor, preventing residents from placing the gate on manual.
This led to the involvement of the Milnerton police on 10 April who instructed both the trustees and APG not to deny residents access. Following this intervention, a new gate motor was installed at a cost of R8 000 to the estate.
“There has been no interruption to access at Ascott Terraces. The driveway gate has remained fully functional throughout. Certain individuals deliberately obstructed the gate sensor as they refused to register on the Accentronix access system — a standard security requirement,” Naidoo said in her response.
Ascot Terraces’s BC commented that APG is the “legally, and validly appointed, managing agent of Ascot Terraces” and that the company’s “mandate to act as the managing agents of the Body Corporate was re-affirmed at the latest AGM”.
According to Naidoo the allegations made against her are “unfounded and fail to present a complete and accurate reflection of the circumstances”.
She also provided proof that she is registered with the Property Practitioners Regulatory Authority (PPRA). Paarl Post could not verify this with the PPRA by the time of publication.
The Community Schemes Ombud Service (CSOS) confirmed that they are currently investigating four complaints against AGP and Naidoo, of which one was filed by Ascot Terraces residents.
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