Here’s when sectional title trustees do not have to be elected
The Sectional Titles Schemes Management Act 8 of 2011 contains a new set of regulations and thus also a few new definitions within the rules.
Important definitions are the following:
“Primary section” is defined as a section to be used for human occupation as a residence, office, shop, factory or for any other type of use allowed in terms of local municipal by-laws, not being a utility section.
“Utility section” is defined as a section which, in terms of local municipal by-laws, is designed to be used as an accessory to a primary section, such as a bathroom, toilet, storeroom, workshop, shed, servant’s quarters, parking garage, parking bay or other utility areas.
The distinction is important for the reasons below:
If a body corporate consists of less than four members who are owners of primary sections, each member is considered to be a trustee without election to office.
If a body corporate consists of more than four members who are owners of primary sections, they must from time to time determine the number of trustees to be elected in terms of these rules.
Who is Tiaan van der Berg?
M.C. (Tiaan) van der Berg, BLC LLB LLM (UP) H. Dip Labour (UJ) Dip ADR (AFSA/UP), is an admitted attorney, conveyancer and notary, and the founding director of M.C. van der Berg Incorporated, a legal practice specialising in property law. He is also the co-director of Mcademy Training Institute.