Home / Sectional Title & Estates  / Sectional title corner – Here’s how round robin resolutions MUST be passed

Sectional title corner – Here’s how round robin resolutions MUST be passed

Voting.resize

Q

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

A

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.


Got a burning question? Email mariette@hometimes.co.za and we will be sure to assist. 


Trafalgar logo fc_pay off line


Who is Karien Coetzee?

Karien-Coetzee.250

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.

ungerermariette@gmail.com

Mariette Steynberg is a qualified economist with a post-graduate diploma in financial planning. She has enjoyed working on holistic financial plans for clients in various stages of life, as well as a development economist assessing the socioeconomic impacts of new developments. When she is not working, Mariette enjoys parenting her quirky, delightful toddler girl. Cloth diapering, Eskimo kisses and the importance of reading to your child are all causes close to her heart. Mariette is passionate about financial education and hopes to use the experience she has gained to share knowledge with HomeTimes’ readership. Her goal is to provide information that is implementable by everyone.

Review overview
NO COMMENTS

POST A COMMENT