Who is a trustee in a sectional title scheme?

Accordingly, by way of a general definition, a trustee in a sectional title scheme is an individual person, who manages the specific scheme in terms of the document which created that arrangement. The trustees of a body corporate are supposed to act in this capacity voluntarily and in the interests of the scheme at all times.

Who is the managing agent for a sectional title?

Sectional Titles schemes are governed by the Sectional Titles Act No 95 of 1986, and all references to the Act, are to such Act. The Trustees may, in terms of Management Rule 46 of the Act, appoint a managing agent to assist them with their duties, and act on their behalf in the administration of the scheme.

Who are the characters in a sectional title?

The three most important characters are the owners, the Trustees and the managing agent. Sectional Titles schemes are governed by the Sectional Titles Act No 95 of 1986, and all references to the Act, are to such Act.

What makes a unit under the Sectional Title Act?

Together this constitutes a ‘Unit’ as defined in the Sectional Titles Act. If an area does not form part of a section, by default it forms part of the Common Property, and no decision can be taken in respect of such Common Property unless agreed to by the members in the Scheme.

Who are the members of a sectional title scheme?

A Body Corporate, therefore the members of a Sectional Title Scheme, exercise the rights, functions and obligations as imposed in terms of the Act, through the Trustees, duly elected from time to time.

What are the powers of a sectional trustee?

The powers of the trustees are clearly set out in the Sectional Titles Act 95 of 1986 (“the ST Act”); the Sectional Titles Schemes Management Act 8 of 2011 (“the STSM Act”) and the Prescribed Management Rules (“PMRs”) contained in the Regulations made thereunder.

What did the Sectional Titles Act of 1986 do?

But the Sectional Titles Act of 1986 provides for limitations on the discretion of the trustees and allows the owners to impose checks and balances to ensure that the trustees do not act outside the scope of their mandate, as provided for in the Act and implied by the budget approved at the last annual general meeting.

Are there security provisions in the Sectional Title Act?

When one has a look at security and the provisions of the Sectional Titles Act and Regulations thereunder, one realises that there are not many and/or specific statutory provisions concerning security in a Sectional Title Community.