A trustee has been advised of newly effective legislation relating to the Sectional Title Schemes Management Act 8 of 2011 and wants to know how this will affect their duties. … [Read more...]
Search Results for: Fiduciary relationship
Trustees liable for maladministration of scheme
Another reader dissatisfied with the administration of his sectional title scheme has asked the Property Poser experts for guidance. The frustrated reader says that the trustees do not appear to believe that they are answerable to the unit owners in the scheme. He explains, for example, that they raise funds for a specific purpose by way of additional contributions from the owners and then … [Read more...]
Chair of scheme may be scheming chair
A reader has approached the Property Poser experts about dubious behaviour by the chairperson of his sectional title complex. Although she does not own a unit in the complex, she has nevertheless held the position for a number of years. Furthermore, when it comes to decisions regarding the appointment of contractors and service providers, the reader says these people often turn out to be … [Read more...]
Managing agent earns commission on the side
The Property Poser panel has received an interesting query from a reader regarding a commission paid to the managing agent of his complex. The reader lives in an estate that comprises both free-standing and sectional title units, resulting in the appointment of both a homeowners' association (HOA) and body corporate. Financial and administrative duties, as well as related management … [Read more...]
Trustees act as a unit
A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex. Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position. According to Lucille Geldenhuys … [Read more...]
Quick reference
Click one of these links for a quick solution to your problem. This page will be updated continuously. Annual General Meeting (AGM) Body corporate Chairman/Chairperson Commission Consumer Protection Act Co-ownership Deeds office Deposit Developer Divorce Drainage Eviction Fixture Fiduciary relationship Habitatio Homeowners Association (HOA) Huur gaat voor … [Read more...]
Trustees accountable for complex repairs
This week the Property Poser panel deals with a sticky situation relating to the trustees’ responsibilities when it comes to repairs and maintenance in a sectional title complex. In this instance, the driveways of the complex had to be resurfaced with tar and a special levy was raised to cover the cost. The reader reports that the first section was very poorly done and it was not long before … [Read more...]
Meeting AGM requirements
A reader who lives in a sectional title complex with a managing agent has approached our panel with two procedural questions. He would firstly like to know how many days before the annual general meeting the agenda and financial statements should be distributed and, secondly, the correct procedure for removing a trustee. The management rules contained in Annexure Eight to the Sectional … [Read more...]
Trustees can fulfil two roles
This week, a reader asks our panel of experts to clarify his position as a body corporate trustee for the complex in which he lives. Having held the position of trustee for a year, the reader applied for the post of general maintenance manager for the complex. He was interviewed and subsequently appointed. The reader was prepared to resign as trustee but was informed that he could fulfill … [Read more...]
Close corporation divides family
This week, the panel deals with an interesting situation involving conflict over a holiday house owned by a family in a close corporation. The man, his wife and children are all members, but the husband has recently passed away. Unfortunately, his wife and one of their children took it upon themselves to go to the property, empty it out and arrange for a long-term tenant to take … [Read more...]
