By Jennifer Paddock
To avoid disputes arising regarding levy liability, the seller may assign his levy liability obligations to the purchaser with effect from the date of transfer. Strictly speaking, the seller and the purchaser are not able to conclude such an agreement on their own. The body corporate must accept the benefits of such an agreement, releasing the seller from his statutory obligation and acquiring a contractual right to recover the outstanding levies from the purchaser. This can be achieved by way of a “tripartite agreement” entered into by the seller, purchaser and body corporate.
Removal of a chairperson
Q2: I would like to know the correct procedure for removing a chairperson and removing him from the trustees. I have valid proof for reasons to remove him for autocratic / dictatorial behaviour, not performing assigned tasks or ensuring that the maintenance and safety of the complex is completed. He has victimized people and is not enforcing rules with regard to the Act. Thank you.
A2: The chairperson of a sectional title scheme can be removed in one of two ways, either by majority vote of the trustees at a trustee meeting or by ordinary resolution (majority vote) of owners at a general meeting of the body corporate – provided that the intention to vote upon this removal has been disclosed in the notice calling the meeting.
According to Professor CG van der Merwe, the indemnity qualifies the strict fiduciary duty imposed on a trustee by virtue of the fact that he is entrusted with the management of the affairs of another. This indemnity was presumably inserted in the prescribed rules to encourage persons to act as trustees.
So if the building manager has been authorised in writing to inspect an apartment then he is entitled to do so at all reasonable hours for the reasons set out above. But the owner of the apartment is entitled to reasonable notice of the inspection, except in the case of an emergency.