Over the past couple of months, in light of the national lockdown and subsequent Alert Levels, many bodies corporate have expressed their desire to forego the holding of an AGM and to have their members simply approve Annual General Meeting (“AGM”) agenda items in writing via email. While legislation does provide for this, it has…
I often get asked whether a chairperson is able to exercise his casting vote at the body corporate’s Annual General Meeting. This question indicates to me that: 1) the scheme needs more information on the casting vote a chairperson is able to exercise in certain circumstances 2) the scheme is probably not counting votes cast…
When tenants complain to the body corporate about the incredibly noisy and disruptive neighbours living in the apartment next door, they are often told to take the matter up with their landlord, as the body corporate and/or managing agent won’t deal with queries from those who are not members of the body corporate. Unfortunately, with…
In my discussions with clients and students alike, I have found that most people are under the impression that the appointment of a managing agent has to be authorised by the body corporate members. Even managing agents appear to be misinformed when it comes to the authority needed to appoint them. Let’s take a closer…
“Unprecedented times” – the phrase that keeps showing up on news feeds, social media platforms and in conversations the world over. With our nation, and many others around the world, facing severe restrictions on movement and physical interaction with others, we are being forced to adapt and find new ways of doing things. While some…
I recently presented a workshop during which I discussed with those in attendance the requirement and importance of having members of bodies corporate cast their votes on voting cards at the scheme’s general meetings. Some of the feedback I received from managing agents attending the workshop included “But we have been voting by show of…
Unanimous resolutions are notoriously difficult to obtain. Before voting for or against, this type of resolution can even commence at general meetings, you need to have at least 80% of the body corporate’s members in value and number present or represented at the meeting (which anyone with sectional title experience will tell you is near…
With sectional title units remaining a very popular choice amongst first time buyers as well as those wishing to scale down (even in a tough economic climate), it is no surprise that more and more people are trying their hand at developing sectional title schemes. This can be as simple as building 2 houses on…
The vast majority of complaints I get about the management of sectional title schemes, are from owners who claim that their scheme’s managing agent and/or trustees are in some way failing in their duties. It is interesting how we are able to recognise the failures of others, while often being blind to our own responsibilities….
One of the most frustrating tasks some trustees and managing agents have to tackle, is the situation where the body corporate finds itself in financial difficulty as a direct result of some of its members failing, and/or refusing to pay their contributions (commonly referred to as “levies’). It is from this place of frustration that…
As South Africans we are incredibly passionate about our braais. It is evident in our social calendars, our meal planning, and certainly our homes. When selling a home these days a braai is advertised with as much enthusiasm as an en-suite bathroom or double garage and has certainly overtaken pools as the “must-have” item in…
Following the attention the concept of special levies has enjoyed in the media over the past few weeks, the question on every sectional title unit owner’s lips seems to be: “If I did not agree to a special levy being raised, how can the body corporate possibly add this additional amount to my levy statement?”…
While most members of bodies corporate are aware of the fact that the body corporate is responsible for the maintenance of the scheme’s common property [per section 3(1)(l) of the Sectional Title Schemes Management Act, 95 of 2011 (“STSMA”)], confusion often rears its head when trying to figure out exactly what this “maintenance” includes or…
French journalist, writer and politician, Françoise Giroud once said: “Nothing is more difficult than competing with a myth.” While the wise lady certainly had a point, I welcome the challenge to “bust” some common sectional title related myths by using the ultimate weapon in the battle against myth: fact. In last month’s Paddocks Press article,…
If you have ever watched the popular Discovery Channel television show “Mythbusters”, you will know that some myths are so entrenched in popular belief that we are left stunned when they are proved inaccurate. In this article, I will dispel 3 common myths members of bodies corporate tend to live by. “The owner who…
