While most bodies corporate rely solely on levy income, some try to find additional ways to bolster their income. One additional source is to rent common property to members of the scheme or to third parties. Who decides if common property can be rented? Trustees are responsible to manage, administer and maintain common property which collectively belongs to all scheme members in...
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...
Bodies corporate are legal entities that can institute or face legal action. Trustees are appointed to act on behalf of a body corporate and like company directors, trustees are required to perform their duties and functions diligently within the confines of the governing sectional title laws. Various written resolutions are required in terms of the Sectional Titles Schemes Management Act (STSMA)...