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Sectional title corner – He has many units, so does he have more votes?

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Q

I stay in a retirement village of 202 units – 139 of which are sectional title and 63 are life rights. There is some confusion under the new legislation as to whether or not the owner of the life rights units (the original developer) has 63 votes at the AGM or only one vote. Please can you clarify. – Yvonne

A

Dear Yvonne, the complex is still a sectional title complex so the new Sectional Title Schemes Management Act applies.

When it comes to voting, the owner of the section will have the votes. The act specifies that in terms of ordinary resolutions the votes will be counted in value, in other words on the participation quotas of each section. Only when it comes to a special resolution will the voting be counted in number (one member one vote, irrespective of how many sections you own) AND in value (participation quota). And for a unanimous resolution the quorum requirement is 80% in number and value.


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


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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.

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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