Presidents of Ascott Terraces in Milnerton are in dispute with the managing agent, African Property Group (APG), who they claim refuses to step down despite their mandate being terminated on August 21, 2024.
APG, however, disputes this, stating their mandate was renewed on March 24 and Arusha Naidoo, their representative, is a certified and registered agent.
The residents have listed several grievances against APG, including a lack of communication and transparency, failure to pay bills, and unilateral decision-making.
They also claim that APG is not registered to manage a trust account and collect levies, putting the complex at financial risk.
APG denies these allegations and insists their services are legitimate.
They have provided proof of Naidoo's registration and certification as a managing agent.
The dispute over the trustees' identities and APG's authority is currently before the Community Schemes Ombudsman Service (CSOS).
Despite the residents' dissatisfaction and efforts to remove APG, the matter remains unresolved, causing financial issues and concern among residents.
They have lodged a complaint with CSOS and are considering a High Court application to force APG to step down
Lovemore Nyere, the chairperson of the Ascot Terraces Body Corporate, together with resident Lauren Kansley, claimed that since the issue arose, their levies have increased and they were also found to be locked out of their premises a few days ago.
“The issue arose one year ago at our annual AGM. Prior to the AGM, Arusha Naidoo of Africa Property Group had been canvassing owners promising reduced levies. She attended the AGM, along with her accountant and another potential service provider.
“They all had proxies to vote (a highly peculiar action considering their vested interests) trustees who were pro-APG were voted in. Within a month they had fired the existing managing agent (with no notice given to the agent nor residents) and installed APG.
“The firing of the previous agent has seen the complex incur a R250 000 financial hit when the previous managing agent took the cash as recourse for her spur of the moment firing. This is the subject of a separate legal matter."
They said they called for the agent to produce proof that they were certified and registered as a managing agent.
“According to the Property Practitioners Regulatory Authority (PPRA) she is not registered to manage a trust account and collect levies," they said.
“This puts our complex at severe financial risk since she is collecting levies. According to the PPRA, and the cease-and-desist letter which was issued to her in February 2025, she is non- compliant.
“Calls for APG to provide the registration/certification to show that she is registered has yielded nothing. She claims to be compliant but has not provided proof."
They further claim that the financial situation at the complex has changed and the gate was broken as they found themselves stranded on the outside as early as the weekend.
“APG has not been paying bills. The complex, which had excellent financial reserves prior to this, now owes substantial amounts in water and refuse. We owe our Royal Ascot Master Property Owner Organisation, gardening services, electricity, recycling and a host of other bills. For the first time in our history our complex has qualified financial statements with obvious inaccuracies,” they said.
“The complex gate has been broken for weeks now. This puts our cars and property at risk. APG has also announced that all remotes will be cancelled. These remotes have always been used. Cancelling remotes essentially means refusing residents access to their properties.”
“We logged a complaint at the CSOS. This was done in June 2024 and to date the matter has been delayed by backlogs and not adjudicated.
"We are now actively working on a High Court Application to force APG to step down.
“Residents have appointed a new Property Managing Service with considerable experience.""
Via their lawyer, the Board of Trustees of Ascot Terraces Body Corporate demanded that Naidoo cease all interference with the Body Corporate's affairs, as their mandate was terminated on August 21, 2024.
But via her own lawyer and that of the Ascot Terraces Body Corporate, Naidoo denied the allegations.
They said Naidoo was a registered managing agent, and demanded an immediate apology for the defamatory claims.
In her response to the Cape Argus, Naidoo produced proof of her registration and certified certificate as a managing agent and denied the allegations wholly.
“I deny that the mandate of Africa Property Group (Pty) Ltd (APG) has ended, whether during 2024 or at all. During 2024, APG was mandated by the trustees of the Ascot Terraces Body Corporate (Ascot) to act as managing agent for the complex. APG's mandate has not ever been terminated, and as a matter of fact, during the Annual General Meeting on March 24, said mandate has actually been renewed for a period of 12 months,” she said.
She claimed a secondary group made claims that they were the trustees.
“It is true that a certain group of owners, not being the aforementioned trustees, consider themselves the actual trustees. This group of owners incorrectly claim that they have terminated the mandate of APG. However, it is disputed that said owners are the actual trustees, and as such, said group of owners do not have the authority to terminate APG's mandate.
“I do confirm being duly registered."
Cape Argus