It is not uncommon for trustees and owners to be unsure about which rules are valid and enforceable in their schemes; some may not even be aware of their scheme’s rules. Changes to the sectional title legislation on 7 October 2016 has further added to the confusion. This is where the Sectional Titles Schemes Management Act (STSMA) is helpful in understanding...
The appointment of a body corporate chairperson rests with the trustees elected at each annual general meeting (AGM). This appointment is not made by the members in the scheme but by the elected trustees at the first trustee meeting following the AGM. The chairperson has many duties that they need to fulfil, least of which is to chair and run the...
A common question regarding trustees at the annual general meeting (AGM) is about the number of trustees that need to be appointed. Curiously, there is no definitive answer or legislative guidance to provide light on this subject, making this an interesting question to delve into. Legislative requirements In a new sectional title development, all the registered owners are trustees until the first general meeting of the body...
One of the many reasons a sectional title complex or estate is so attractive to property owners is the sense of security it provides. What happens when your apartment or house is broken into, who is responsible for your loss? Is it the body corporate, the estate manager, the security company or the managing agent? Responsibility to secure In a sectional title scheme, the owner is...
One of the most confusing terms in sectional title is exclusive use areas (EUAs). Owners with exclusive use rights are often the first who find themselves unfamiliar with their obligations regarding EUAs. Types of exclusive use areas EUAs can be defined as areas that are part of the common property of a scheme for the exclusive use of certain owners. An owner enjoying exclusive rights to an...