Sectional title corner – your burning questions answered
The body corporate had a meeting last night and they made decisions that I am not sure they are allowed to make. I just want to make sure they are acting within their rights but couldn’t contribute because at the last AGM I was nominated for the body corporate but was not elected. – PJ
Dear PJ, first of all you are making a common mistake by confusing the body corporate with the trustees. The body corporate consists of all registered owners of sections in the scheme. The trustees are elected as a committee to manage and control the body corporate on behalf of all owners.
How decisions are made
The Sectional Titles Act – Act 95 of 1986 – makes provision for all decisions to be taken and specifies what resolution will be necessary to make the decision.
In some instances a special resolution or unanimous resolution is needed to be passed by the body corporate (so there must either be a meeting called by sending notices to all owners or it can be done on a round robin basis were owners are requested to give their vote in writing). The act specifies the requirements that must be met in both these instances for the resolution to be legally passed.
When special resolutions are needed
- To amend the conduct rules
- To make non-luxurious improvements to the common property
When unanimous resolutions are needed
- To amend the Management Rules
- To make luxurious improvements to the common property
In some instances an ordinary resolution of the body corporate is needed and in these cases the majority of the votes will rule. Examples include to approve the budget and to elect trustees.
In other instances it is specified in the act that the trustees have the authority to make decisions to raise a special levy or when someone wants to subdivide or consolidate a unit.
So if you can give me an example of what decision the trustees made I can tell you if it was in their right to make it or if it was supposed to be a body corporate resolution.
Got a burning question? Email firstname.lastname@example.org and we’ll be sure to assist you.
Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.