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Sectional title corner – The chairman cannot make up the rules

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Q

Good day, just over three years ago we bought into a sectional title complex. The chairman acts like a dictator and in a complex of only 10 units, he owns three (two of which he has sold) and has always had more votes.


No one person may hold more than two proxies at the AGM


All of a sudden, last week he told my neighbours that they may not have four people living in a two-bedroom unit. This morning, out of the blue, he gave my neighbour a set of rules which he said every one of us had already received – which is simply untrue. In these rules it says only up to three people may live in a two-bedroom unit. We are in a similar position where my daughter and her son have been forced to live with us due to her financial circumstances.

Now he has told us the same thing. Does he have the power to suddenly create these rules? In each of his other two units he has four tenants living there (one family with two children and another with a single mother and three children). What can we do where we feel like we’re being treated like children? – Mrs Pietersen

A

Hi Mrs Pietersen, the chairperson and/or the trustees definitely do not have the power to make rules. Only the body corporate members (all owners) can make rules and with the new legislation these rules must then be submitted to the Community Scheme Ombud Service (CSOS) for approval – within 10 days after the resolution has been passed by the body corporate (special resolution for Conduct Rules and unanimous resolution for Management Rules). The rules only become enforceable on the date it was certified as approved by CSOS.Trafalgar logo fc_pay off line


Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you. 


Who is Karien Coetzee?

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee, national property management consultant at Trafalgar.

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.

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david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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