
Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes
Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes

Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes

In a world transformed by the COVID-19 pandemic, the boundaries between work and home have blurred beyond recognition. Today, more South Africans than ever before earn their living from within their private residences. Yet, many sectional title schemes continue to enforce rules that prohibit all forms of business activity without distinction.

The trustees stand in a fiduciary relationship towards the body corporate, while the managing agent stands in a contractual relationship towards the body corporate, and is still under the supervision of the trustees who maintain their fiduciary obligation to the body corporate.

In situations where people must cohabit and utilise the same shared space, utilities, facilities or resources, proper management is necessary to ensure that such use is equitable, fair and in line with the agreed standards and shared rules,

Where the developer is a trustee, he or she is disqualified from voting on matters in which he or she has a direct interest. The legislative provisions that require the prohibition relate to the trustee’s fiduciary responsibility.

The issue of change of use in sectional title arises when owners decide to use parts of their sections or exclusive use areas for a purpose other than it was intended
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