'New law gives trustees control in body corporate meetings'

Owning a home in a sectional title complex can sometimes be testing and a recent amendment to the Prescribed Management Rules (PMRs) has raised more concerns with several sectional title owners.

Owners are concerned that they are no longer entitled to attend and speak at trustees’ meetings.

(Also read our article: The legal rights of sectional title owners and body corporates)

However Marina Constas, Director and Specialist Attorney in Sectional Titles from BBM Attorneys, says the changes only mean to empower trustees in their own meetings.

The law is aimed at giving trustees a measure of control. Sectional title owners would previously hijack the meetings and the new law says that they may attend by invitation.

Marina Constas, Director and Specialist Attorney in Sectional Titles from BBM Attorneys

Originally, PMR 15(5) stated that any owner in a sectional title scheme was “entitled” to attend and speak at a meeting of the trustees of the scheme, although the owner could not vote at the meeting.

The rule has been amended to state that an owner may attend a trustees’ meeting “on invitation”. The amendment does not specify who must extend the invitation: any of the trustees, the majority of the trustees, or the chairman.

The amended rule also no longer includes the phrase “and speak”, which could be interpreted to mean that they are no longer entitled to express an opinion or ask questions.

According to Constas, the amendments are not curtailing the rights of sectional title owners, but rather leverage discretion for trustees.

Listen to the full conversation, with Africa Melane standing in, on CapeTalk's Breakfast with Kieno Kammies:

Read More
 Ryk Neethling and Princess Charlene vow to reduce drowning in SA

Ryk Neethling and Princess Charlene vow to reduce drowning in SA

Olympic gold medalist Ryk Neethling has been appointed the new CEO of Princess Charlene of Monaco Foundation South Africa.

Labour Minister to probe dog attack on domestic worker

Labour Minister to probe dog attack on domestic worker

57-year-old domestic worker, Lilian Mkosi, was attacked by her employer's pit bulls while on duty.

Advanced communication system for Cape's neighbourhood watches

Advanced communication system for Cape's neighbourhood watches

The system allows neighbourhood watches to relay incidents, post warnings or request emergency assistance.

What does it take to be a stuntman?

What does it take to be a stuntman?

CapeTalk's Kieno Kammies speaks to a Cape Town based stunt performer who has ample experience about the dangers of the industry.

Grace Mugabe has a history of violence

Grace Mugabe has a history of violence

Mail & Guardian Africa editor, Simon Allison says the recent incident of violence by Grace Mugabe is certainly not the first.

The legal rights of sectional title owners and body corporates

The legal rights of sectional title owners and body corporates

Specialist Attorney in sectional titles Marina Constas unpacks several concerns and cases related to body corporates and trustees.

Popular articles
It's not the end of the road... Top tips to improve your matric

It's not the end of the road... Top tips to improve your matric

"Recognise that it’s not the end, it’s the beginning." Expert advise for school-leavers who want to improve their results.

Pamela Nomvete on her downfalls as actress, and 'climbing back'

Pamela Nomvete on her downfalls as actress, and 'climbing back'

This week Xolani Gwala's speaks to former Generations actor Pamela Nomvete for #WhatInTheWorldHappenedTo feature.

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Michiel le Roux speaks about the fascinating story behind the little bank that has the Big 4 shaking in their boots.

Best way to get richer (especially if you’re between ages 20 and 45)

Best way to get richer (especially if you’re between ages 20 and 45)

Still young(ish)? Consider the single best thing you can do to increase your wealth by much more than the inflation rate.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?

5 ways the NSFAS funding model will change in 2017

5 ways the NSFAS funding model will change in 2017

The National Student Financial Aid Scheme (NSFAS) will pilot a new funding model in 2017. NSFAS chairperson Sizwe Nxasana explains.