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Sectional title corner – Can a tenant be elected as a trustee?

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Q

Hi, I am an owner of a shareblock scheme of flats in Durban which has recently converted to sectional title (although the first transfer will only go through in a couple of months).

Our AGM is coming up soon and I need clarity on whether a non-owner can be elected as a director/trustee of the board?  There is a very responsible, capable tenant and his landlord who owns the flat is keen for him to go on the board, but is under the impression that tenants aren’t permitted. Please can you advise. – Cherilyn

A

Hi Cherilyn, shareblock works like any other company. Anybody can be a director – even tenants. They just have to be nominated by a shareholder.

An interesting note is that even with sectional title they can be trustees; the provision in the sectional title act that previously stated that the majority of trustees must be owners or spouses of owners fell away on 7 October, 2016 when the new Sectional Title Schemes Management Act came into effect.


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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