What is a body corporate trustee?

The Trustees of a Body Corporate are appointed by the owners in a Sectional Title Scheme. They act in a position of trust and manage the affairs of the scheme on behalf of the body corporate. A Trustee is trusted to act honestly and for the interests of the Body Corporate.

Can a co-owner be on a body corporate committee?

Owners who are an individual are eligible to be voting members of the committee. Under the Small Schemes Module, only 1 co-owner may be on the committee. This restriction does not apply under the Commercial Module. Owners can also nominate other individuals for committee membership.

How does a lot owner contribute to a body corporate?

Read about owner contributions in other regulation modules. Each lot owner must pay a share of body corporate expenses (called owner contributions). An agreed body corporate expense is an amount that the 2 owners that make up the body corporate have decided to pay, by a lot owner agreement.

Is there a policing body for body corporations?

There is no policing body for body corporates however, and the only people affected by it are its members, the lot owners. But, at any time, either lot owner can complain to the adjudicator and force compliance with regulations. What we really mean when say the body corporate is “inactive” is that meetings are not held and levies are not issued.

Can a lot owner nominate a body corporate?

have been nominated by a lot owner who owes money to the body corporate at the time when the committee is chosen. There is no requirement under the Small Schemes Module or the Commercial Module for the secretary to invite owners to make committee membership nominations.

What kind of person is the body corporate?

[14] The body corporate is described by commentators as a juristic person without an intellect. 5 It acts through its main organs, namely the owners in general meetings and the trustees.

What are the rights of a body corporate?

In terms of the CSOSA the Body Corporate has a discretion to either enforce payment of levies or contributions through the Ombud, or in terms of its common law right in any court of law [4] against a defaulting owner for the recovery of arrear levies.

Are there any companies that are not body corporate?

All companies are body corporate but all body corporate are not companies. Why? Start your online store with Shopify. One platform to sell your products to anyone, anywhere. Start your 14-day free trial today. Body corporate broadly means a corporate entity which has a legal existence.

Why do some subdivisions have multiple owner corporations?

Some developments have several owners corporations (formerly body corporate) to help lot owners share rights, responsibilities and costs. This is common in subdivisions that have a mix of homes, shops and industry within the one complex.