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The importance of selecting competent trustees to manage the scheme’s affairs cannot be overstated. Not only do they need to understand sectional title, they also need to fully understand their role and the responsibility, and be committed to carrying out their duties to the best of their ability. The members of a scheme can – and should – hold the trustees...

Like any business, a body corporate is dependent on the income it derives from its operations. In the case of a body corporate, this income comes from its members paying levies without which the body corporate cannot function. How are levies calculated? The budget must be tabled for review and approval by the scheme members at every annual general meeting (AGM). The...

When owners are unable to attend a general meeting, they can appoint a proxy to attend and vote on their behalf. Previous legislation did not set out any clear requirements for appointing a proxy at a general meeting and the number of proxies a person could represent was limitless, leading to owners taking advantage of this loophole and not attending...

Appointing body corporate trustees is one of the most important decisions that the members of the scheme must make every year. Trustees should have the relevant knowledge and management skills, and they should also be able to carry out their responsibilities in a way that benefits the scheme. The selected trustees do not always have carte blanche when making decisions for...

In part 1 of this blog, we discussed the three P’s: People, parking and pets which are generally the biggest points of contention in sectional title schemes. Aside from the three P’s, there are five further rules providing guidance in how to effectively govern behaviour in sectional title schemes. These are: Waste disposal Refuse disposal that is not controlled can lead to...