Sectional title corner – Here’s how round robin resolutions MUST be passed
Are the trustees allowed to change rules which presumably have been registered at the deeds office many years ago? The copy of the new management rules were sent to owners via email with attachments from the managing agent, stating that if the attached form of approval has not been signed and returned to the managing agent within a particular date , which is only four days’ notice, it will be presumed that the new managing rules have been approved and will be submitted for new registration .
No meeting or discussion has taken place with the body corporate owners. The new rules have no date indicated on the new management rules typed document.
The owners seem to be ignorant and are too afraid of victimisation to question any of the changes .
Is this is not unethical by both the managing agent and the trustees? Some of the rules that they are requesting to be changed seem to lean in the trustees favour as they are the only ones transgressing certain existing rules. Example: hanging carpets etc. over walls and gates during the day to dry. This has only been done by the trustees. – G
Hi G – That is definitely not correct procedure in terms of the Sectional Title Schemes Management Act.
There is a requirement that a unanimous resolution must be passed to amend Management Rules.
There are two ways to achieve this – either at a meeting or by round robin. It seems that the trustees in this case opted for the round robin way. They are however not following the correct procedure.
They are supposed to send it to all owners and ask for their vote – getting no vote does not mean that they are voting in favour. On a round robin way ALL the owners must vote in favour so the resolution will not be passed if everyone did not vote and did not vote in favour.
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Who is Karien Coetzee?
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.