Sectional Title - 1 Trustee Left

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PJS

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Hello,

We are a small complex with 10 units. Had 2 trustees and 1 Chairperson. The chairperson and one of the trustees resigned with immediate effect. Self Managed - No management agent

Must the remaining trustee:
1) Ask for nominations and hold a AGM to select replacement trustees?
2) Appoint trustees from the body corporate?

Or some other process?

Thanks
 
Last edited:
Generally all trustees are from the body corporate.
All owners of a unit is a member of the body corporate. So option 2 it is.
 
Ask your managing agent. I would say you would need to vote for new trustees via owners in a special general meeting or via a proxy.

Then trustees can then elect new chairperson. No minimum trustees but advisable to have a minimum of 2. If 2 you would need both of them present for all meetings to have a quorum.
 
PJS said:
Hello,

We are a small complex with 10 units. Had 2 trustees and 1 Chairperson. The chairperson and one of the trustees resigned with immediate effect.

Must the remaining trustee:
1) Ask for nominations and hold a AGM to select replacement trustees?
2) Appoint trustees from the body corporate?

Or some other process?

Thanks
jezzad said:
Ask your managing agent. I would say you would need to vote for new trustees via owners in a special general meeting or via a proxy.

Then trustees can then elect new chairperson. No minimum trustees but advisable to have a minimum of 2. If 2 you would need both of them present for all meetings to have a quorum.
Click to expand...
Small comlex - self managed...
Click to expand...
 
The remaining trustee can appoint another trustee. Trustees don't need to be members of the BC (i.e. unit owners), but I think it's better if they were, especially in a situation like this. You need a minimum of two trustees to have a quorum. Once you have two trustees spend a little money and get professional advice on the way forward.
 
We just had our annual AGM again a few days ago. Also a small complex, 14 units and only 5 of us living here own the places.
Anyone in the complex can be a trustee
It isn't just for owners.
Trustees get nominated and have to sign that they accept the nomination, then it gets voted in at the AGM and you accept or decline. I am a trustee here.
Trustees here are not everyone on Body Corporate.
We confirmed this with our managing agent that helps us run the business here
Coz it is a business these days. POPI acts and public liability insurance and other weird stuff. You have to be very smart to run a sectional title place like this with no outside help.
Good Luck
 
Lol no
3WA said:
If two resigned, leaving one, there's a decent chance that the one is a p0es. Try to push for a new election of a full set of new trustees.
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LOL. I am the one. The others just don't want the responsibility anymore especially since we self manage.
 
PJS said:
Lol no

LOL. I am the one. The others just don't want the responsibility anymore especially since we self manage.
Click to expand...

:ROFL: Sorry! Our building has one p0es and he’s always driving others to resign. I was projecting this experience.
 
jezzad said:
Ask your managing agent. I would say you would need to vote for new trustees via owners in a special general meeting or via a proxy.

Then trustees can then elect new chairperson. No minimum trustees but advisable to have a minimum of 2. If 2 you would need both of them present for all meetings to have a quorum.
Click to expand...
You didn't do well at this whole reading thing, did you?
 
Last edited:
PJS said:
Hello,

We are a small complex with 10 units. Had 2 trustees and 1 Chairperson. The chairperson and one of the trustees resigned with immediate effect. Self Managed - No management agent

Must the remaining trustee:
1) Ask for nominations and hold a AGM to select replacement trustees?
2) Appoint trustees from the body corporate?

Or some other process?

Thanks
Click to expand...

I suggest you read the Sectional Titles Schemes Management Act 8 of 2011:

 
So I want to pick a fight with my body corporate. I want to install screens to keep my doors open while keeping pests and monkeys out

something like this:

trellidor.co.za

GriffinGuard - Trellidor

GRIFFINGUARD Overview Tech Specs Gallery download brochure GRIFFINGUARD OVERVIEW Virtually Transparent Multi-Purpose Mesh Screens Our new GriffinGuard is designed as a door and window solution that is reasonably priced, multi-purpose and good-looking. It has a multitude of uses like blocking out...
trellidor.co.za trellidor.co.za

But they saying its not aesthetically allowed to install these things outside my doors. Since my doors open inwards I dont really have much of a choice.

What are my options ? can they do that if I cite potential rabbies and covid risks? Monkeys keep running into my house and cause havoc.

The estate doesnt allow burglar guards and security gates (yes is retarded I know)

sorry for hijacking your thread BTW
 
RiaX said:
So I want to pick a fight with my body corporate. I want to install screens to keep my doors open while keeping pests and monkeys out

something like this:

trellidor.co.za

GriffinGuard - Trellidor

GRIFFINGUARD Overview Tech Specs Gallery download brochure GRIFFINGUARD OVERVIEW Virtually Transparent Multi-Purpose Mesh Screens Our new GriffinGuard is designed as a door and window solution that is reasonably priced, multi-purpose and good-looking. It has a multitude of uses like blocking out...
trellidor.co.za trellidor.co.za

But they saying its not aesthetically allowed to install these things outside my doors. Since my doors open inwards I dont really have much of a choice.

What are my options ? can they do that if I cite potential rabbies and covid risks? Monkeys keep running into my house and cause havoc.

The estate doesnt allow burglar guards and security gates (yes is retarded I know)

sorry for hijacking your thread BTW
Click to expand...
Get all correspondence in writing

Check on https://csos.org.za/ if you believe you have any recourse (if the rules specifically say x is not allowed etc you would have to propose that the rules infringe on one of your rights etc)
 
RiaX said:
So I want to pick a fight with my body corporate. I want to install screens to keep my doors open while keeping pests and monkeys out

something like this:

trellidor.co.za

GriffinGuard - Trellidor

GRIFFINGUARD Overview Tech Specs Gallery download brochure GRIFFINGUARD OVERVIEW Virtually Transparent Multi-Purpose Mesh Screens Our new GriffinGuard is designed as a door and window solution that is reasonably priced, multi-purpose and good-looking. It has a multitude of uses like blocking out...
trellidor.co.za trellidor.co.za

But they saying its not aesthetically allowed to install these things outside my doors. Since my doors open inwards I dont really have much of a choice.

What are my options ? can they do that if I cite potential rabbies and covid risks? Monkeys keep running into my house and cause havoc.

The estate doesnt allow burglar guards and security gates (yes is retarded I know)

sorry for hijacking your thread BTW
Click to expand...
Ask for the restrictions in writing and advise them that they will be held liable for any damages or losses due to the restrictions which if not in place could have prevented the damage or loss.
 
PJS said:
Hello,

We are a small complex with 10 units. Had 2 trustees and 1 Chairperson. The chairperson and one of the trustees resigned with immediate effect. Self Managed - No management agent

Must the remaining trustee:
1) Ask for nominations and hold a AGM to select replacement trustees?
2) Appoint trustees from the body corporate?

Or some other process?

Thanks
Click to expand...
The Act makes provision for the remaining trustees to co-opt replacement trustees, up to the maximum number agreed at the previous AGM (it should be in the minutes). These trustees will serve until the next AGM, where they can either be re-elected or their tenure ceases. Trustees must be co-opted as soon as reasonably possible to ensure the lawful and smooth running of the BC. Important to remember that:
1. Trustees can be anyone, not necessarily owners (BC members);
2. Trustees ideally should be selected for special skills that they can contribute (finance, communication, maintenance, gardening, security etc.)
3. Trustees work pro bono, they are not generally remunerated for their services.
 
RiaX said:
So I want to pick a fight with my body corporate. I want to install screens to keep my doors open while keeping pests and monkeys out

something like this:

trellidor.co.za

GriffinGuard - Trellidor

GRIFFINGUARD Overview Tech Specs Gallery download brochure GRIFFINGUARD OVERVIEW Virtually Transparent Multi-Purpose Mesh Screens Our new GriffinGuard is designed as a door and window solution that is reasonably priced, multi-purpose and good-looking. It has a multitude of uses like blocking out...
trellidor.co.za trellidor.co.za

But they saying its not aesthetically allowed to install these things outside my doors. Since my doors open inwards I dont really have much of a choice.

What are my options ? can they do that if I cite potential rabbies and covid risks? Monkeys keep running into my house and cause havoc.

The estate doesnt allow burglar guards and security gates (yes is retarded I know)

sorry for hijacking your thread BTW
Click to expand...
Just vax the monkeys :ROFL:

Seriously, the trustees cannot reasonably deny you the right to secure your section, even if it's in the conduct or management rules. What are their reasons? One that I can think of, apart from aesthetics, is that hinged security doors may obstruct the passage (think safety - fire-escape).
If their reasons (in writing) are unreasonable (for example they say no security barriers allowed in totality vs deciding on acceptable standarised barriers for units, such as it must be bronze colour, made of metal, or it has to be perspex see-thru ones), and you have absolutely no alternative (install burglar bars on the interior and inward-facing security gates), then go to CSOS and request an adjudication order giving them 30 days to amend the rules and come up with standards that would be aesthetically pleasing.
 
So I'm still in talks with my body corporates. We have 2 as I'm in a complex within an estate. They haven't denied me yet they discussing.

How do I go about contacting csos if needed ?

Thanks for the advice really appreciate it.

Will put up their response if I get denied. Though their logic is to be asthetically pleasing nothing more. There's no obstruction for movement as the house is free standing within the complex.
 
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