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Sectional title corner – Here’s when owners in arrears may vote

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Q

Hi, we have a special general meeting (SGM) coming up next week. Are owners who are in arrears on their levy accounts allowed to vote? – Moira

A

Hi Moira, according to PMR 20(2)

Except for special and unanimous resolutions, a member is not entitled to vote if –

(a) a member fails or refuses to pay the body corporate any amount due by that member after a court or adjudicator has given a judgment or order for payment of that amount; or

(b) that member persists in the breach of any of the conduct rules of the scheme referred to in section 10(2)(b) of the Act after a court or an adjudicator has ordered that member to refrain from breaching such rule.

It is not the type of meeting that determines this, but rather the type of resolutions passed at the meeting. All meetings that are not the AGM are called SGMs. It is possible to have an SGM and not pass any special or unanimous resolutions at the meeting. It is also possible to have an AGM and pass special and or unanimous resolutions there.


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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1 COMMENT
  • Siphamandla Myeza 25th March 2017

    hi I am a flat owner and the body corporate keep on sending the money I owe to them of which I don’t know and if I ask them statements of how did these money end up so high they don’t know and they don’t even have supportive documents they only give me figures I owe to them. please help me. they hand me with summons and went to court to defend them nothing happened.

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