Over the years I have addressed the question of whether a trustee can be appointed as an employee of the body corporate on various occasions. Can, for example, a duly elected trustee be appointed as the caretaker of the scheme in terms of an employment contract?
In terms of section 1 of the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) ‘‘body corporate’’, in relation to a building and the land in a sectional title scheme, means the body corporate of that building. This definition does not shed much light on what the body corporate is.
Neither the Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”); nor the prescribed management rules (the “PMRs”) or prescribed conduct rules (the “PCRs”) made thereunder contain any provisions that specifically deal with the granting consent or setting out the process for…
Introduction The Community Schemes Ombud Service (the “CSOS”) is a quick and cheap alternative dispute resolution body designed to resolve administrative disputes in all types of community schemes, including sectional
The elected trustees of a sectional title schemes have been given many powers and duties in the Sectional Titles Schemes Management Act, 8 of 2011 (“the STSM Act”). In particular sections 3, 4 and 5 of the STSM Act prescribe the functions, powers and additional powers of the body corporate
I recently had a discussion with a managing agent on the role of the chairperson in general meetings of the body corporate (“AGM meetings”). There is often confusion regarding the chairperson’s powers and responsibilities in this regard.
Although many may consider “pests” within the context of sectional title schemes to mean nosy neighbours; this article is in reference to actual pests and the responsibility of pest control within sectional title schemes.
Introduction Community living means that owners and occupiers live in close proximity and need to share space and amenities. The Sectional Titles legislation deals with any of the consequential negative
Introduction Owners can appoint another person as a proxy to attend general meetings. In contrast, trustees cannot appoint a proxy to attend trustee meetings on their behalf. Trustees often incorrectly
It is important to take note that no conduct rule can override the management rules. In terms of section 10(1) of the Sectional Titles Schemes Management Act (the “STSM Act”), the management and conduct rules are both subject to the provisions of the STSM Act.
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