AGM sectional title voting

[tawdry]

Hello folks
Was wondering if a Trustee who is also only a renter and moving out a few days after the upcoming AGM meeting still be allowed to vote on the events for the year ahead ,or cast votes on behalf of any proxies she may have been granted.IF so we the majority of owners intend as a person to oppose any such votes. How could we go about this.

2nd question Can an Owner who is a trustee also have there tenants as trustees. For instance lets say said owner has 2 units in the complex can that person have 1 vote for themselves as a trustee and both of there renters also possess 1 vote if installed as trustees.In effect possess a potential 3 votes should the tenants give there proxies to her/him.

 

[zamedic]

1) Whom ever owns the property at the time of the AGM has the right to cast the vote, even if he sells it a day later.
2) 1 vote per unit, so if the owner has 2 units, thats 2 votes. The owner may, by proxy, assigns the voting rights to another person.

 

[zamedic]

There is a difference between votes and trustees - at the AGM the trustees have exactly the same voting rights as other users. Trustees are just there to keep the complex going day to day, so that not everyone in the complex has to vote on every decision, but the trustees are still bound by the rules and mandates placed upon them at the AGM. So if there is a rule that says "no one may wear pink" (stupid example) - the trustees are not allowed to unilaterally change the rules.

 

[zamedic]

And here is a nice guide as to whom may be a trustee: https://www.property24.com/articles/sectional-title-who-can-be-a-trustee/16030

 

[Thorium]

And here is a nice guide as to whom may be a trustee: https://www.property24.com/articles/sectional-title-who-can-be-a-trustee/16030

so is prof paddock wrong? https://www.paddocks.co.za/paddocks-press-newsletter/trustees-from-nomination-to-termination/

 

[Speedster]

so is prof paddock wrong? https://www.paddocks.co.za/paddocks-press-newsletter/trustees-from-nomination-to-termination/

Wrong about what?

 

[Speedster]

There is a difference between votes and trustees - at the AGM the trustees have exactly the same voting rights as other users. Trustees are just there to keep the complex going day to day, so that not everyone in the complex has to vote on every decision, but the trustees are still bound by the rules and mandates placed upon them at the AGM. So if there is a rule that says "no one may wear pink" (stupid example) - the trustees are not allowed to unilaterally change the rules.

Trustees don't have votes at an AGM, only owners do

 

[twaatie]

Only unit owners can vote at meetings

@Speedster trustees are made up of owners, so they have normal voting rights

 

[quovadis]

Hello folks
Was wondering if a Trustee who is also only a renter and moving out a few days after the upcoming AGM meeting still be allowed to vote on the events for the year ahead ,or cast votes on behalf of any proxies she may have been granted.IF so we the majority of owners intend as a person to oppose any such votes. How could we go about this.

2nd question Can an Owner who is a trustee also have there tenants as trustees. For instance lets say said owner has 2 units in the complex can that person have 1 vote for themselves as a trustee and both of there renters also possess 1 vote if installed as trustees.In effect possess a potential 3 votes should the tenants give there proxies to her/him.

Trustees are elected at the AGM and serve for the year until the next AGM. Renters can be elected as trustees as long as they are in the minority. Renters cannot vote at the AGM only owners, their spouses unless they are provided proxy by an owner. If I’m not mistaken a multi unit owner cannot split their units as multiple proxy for each as they can only proxy their combined voting power based on PQ. If you truly have the body corporate support though 1 or 2 extra votes shouldn’t make a difference. If you are unsure of fairness make an objection and ask for it to be minuted - you can seek recourse later.

2nd - See above.

If there is a managing agent who is chairing the meeting they should know this. If they disagree then ask them to minute it and seek recourse later.

 

[Kosmik]

1) Whom ever owns the property at the time of the AGM has the right to cast the vote, even if he sells it a day later.
2) 1 vote per unit, so if the owner has 2 units, thats 2 votes. The owner may, by proxy, assigns the voting rights to another person.

Just a point, it's not necessarily 1 vote per unit. It depends on the owners quotient ie: their size in the communal scheme. If all units are equal, sure but if some are significantly larger, their core had more weight via quotient.

 

[Speedster]

Only unit owners can vote at meetings

@Speedster trustees are made up of owners, so they have normal voting rights

Trustees don't have to be owners.

 

[Pineapple Smurf]

Just a point, it's not necessarily 1 vote per unit. It depends on the owners quotient ie: their size in the communal scheme. If all units are equal, sure but if some are significantly larger, their core had more weight via quotient.

in our complex it is 1 vote per unit else entire families will arrive at the AGM
i haven't seen this in writing
it's just the way we roll every year

 

[Speedster]

in our complex it is 1 vote per unit else entire families will arrive at the AGM
i haven't seen this in writing
it's just the way we roll every year

Inhabitants has nothing to do with the owner quotient

 

[Pineapple Smurf]

Inhabitants has nothing to do with the owner quotient

yes so i see now

 

[Kosmik]

Inhabitants has nothing to do with the owner quotient

Correct, your levies are calculated in the same manner. It has to do with the sq meterage of the property against the total.

 

[Pineapple Smurf]

Correct, your levies are calculated in the same manner. It has to do with the sq meterage of the property against the total.

yup
and i find that unfair
i live alone yet next door to me is a family of 4 and they are considering having another baby
it just doesnt add up, oh well

 

[Kosmik]

yup
and i find that unfair
i live alone yet next door to me is a family of 4 and they are considering having another baby
it just doesnt add up, oh well

Why is it unfair? If you own 2/8th in a scheme, you should have greater rights than someone who owns 1/8th? You also pay more for your unit and common property share s well as insurance etc. As said before, Inhabitants has nothing to do with the quotient, it could be one or a family, it all has to do with the property value.

 

[Kosmik]

There is also a legal occupancy limit per section based on size if that is what you are complaining about. Raise it if the family is renting as it can drain the communal funds if abused ie water /lights but ideally each unit has its own meters. It's also a health and safety law.

 

[newby_investor]

Why is it unfair? If you own 2/8th in a scheme, you should have greater rights than someone who owns 1/8th? You also pay more for your unit and common property share s well as insurance etc. As said before, Inhabitants has nothing to do with the quotient, it could be one or a family, it all has to do with the property value.

I think @Papa Smurf is misunderstanding. At an AGM, the owners get votes according to how much of the property they own (participation quota).

My building has various size units. My wife and I live in a 59m^2 flat, and there's a single guy living next door in a 101m^2 flat. He owns more of the building than we do, so gets more weight when voting. The fact that we are two and he is one means nothing.

 

[Pineapple Smurf]

Why is it unfair? If you own 2/8th in a scheme, you should have greater rights than someone who owns 1/8th? You also pay more for your unit and common property share s well as insurance etc. As said before, Inhabitants has nothing to do with the quotient, it could be one or a family, it all has to do with the property value.

i should of meant to say it is unfair that i pay the same levy
his household kaks 4 times a day, i kak once a day
get my picture?