Petitions and controlling the managing agent

Q1. We have received two weeks’ notice of our AGM and I would like to submit a petition signed by the majority of owners against a special resolution to be tabled at the meeting.
Secondly, how does one go about removing a malicious managing agent who is acting in cahoots with a trustee for their benefit?

A1. A petition against a proposed resolution is the wrong way to go. Get the owners who oppose the resolution either to attend or to give other owners proxies to attend and vote against it at the meeting on their behalf. This is the only way to oppose the proposal.

As to the change of managing agent, you and others who think like you will have to become trustees. It is theoretically possible to control the managing agent as an ordinary owner, but in practical terms the control is exercised by the trustees. Make sure you and suitable other candidates are properly nominated in advance of the AGM and that there are enough votes to get you elected.

I suggest that you download and read the prescribed management rules from the library at www.sto.co.za. Don’t forget to get a copy of the scheme’s rules (from the Deeds Registry, if necessary) well in advance of the AGM. And if you need more help and support, join Paddocks Club at www.paddocksclub.co.za.

Change of round robin vote

Q2. A round robin resolution is circulated to members and they are requested to sign it. If a member does sign it but subsequently changes his mind, can he withdraw his consent? He changed his mind prior to any of the other members signing the resolution. As far as I know, the Act do not address the issue of members changing their vote. Can members do this?

A2.Yes. In my view, a member can change his or her mind after signing the round robin resolution and before the required level of consensus is achieved.

This change of mind cannot be a private mental decision – it must be formally communicated to the body corporate to be effective.

Article reference: Paddocks Press: Volume 6, Issue 2, Page 5

 

Professor Graham Paddock is an authority on sectional title law and practice, the lead consultant to the government for new legislation. Prof Paddock has been involved in sectional title training for a number of years.

 

This article is published under the Creative Commons Attribution license.