Sectional Title Responsibility

Jehosefat said:
That's exactly what board members do for companies. Why does it need to be different for an estate?
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Seen a case recently. The non owners quickly voted on a special levy of R50 000 per unit. And does the owners have ANY say, no ....
 
zerocool2009 said:
Seen a case recently. The non owners quickly voted on a special levy of R50 000 per unit. And does the owners have ANY say, no ....
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Of course they have say.

Trustees are empowered by the body corporate. They're nominated and voted in by the body corporate/owners. The STSMA and the schemes own rules govern the authority on how and for what special levies can be raised. The body corporate can challenge the basis for a special levy through getting enough support for an SGM on the matter or via the ombudsman.
 
quovadis said:
Of course they have say.

Trustees are empowered by the body corporate. They're nominated and voted in by the body corporate/owners. The STSMA and the schemes own rules govern the authority on how and for what special levies can be raised. The body corporate can challenge the basis for a special levy through getting enough support for an SGM on the matter or via the ombudsman.
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In the case mentioned. The owners called a SGM, firing the professional trustees, and the special levy was cancelled.

If that didnt happen, each unit had to fork out a few thousand.

What I am trying to say, if you have barely support for a AGM, the chances of getting a SGM is minimal.
 
zerocool2009 said:
In the case mentioned. The owners called a SGM, firing the professional trustees, and the special levy was cancelled.

If that didnt happen, each unit had to fork out a few thousand.

What I am trying to say, if you have barely support for a AGM, the chances of getting a SGM is minimal.
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So they did have a say after all?

Not sure what the issue is with this. The body corporate empowers trustees to look after their interests which is a fiduciary duty. No different to shareholders empowering a board of directors. You get what you vote for. Whether they are an owner or not doesn't change that.
 
QQ I stay in a complex and the houses are sectional title. Its a bit of a peculiar situation.

We emailed the BC to understand the maintenance arrangements since a sectional title to me means the external maintenance is the BC whereas the internal is for the owner. The BC came back with the following:
As per the 2019 AGM Minutes (copy attached):
  1. Owners are responsible for maintaining the following:
    a. Balconies: This includes addressing issues such as leakage, tile maintenance, and waterproofing, as balconies are part of the section. However, painting of handrails remains the responsibility of the Body Corporate.
    b. Roofs: Maintenance of roofs, fascia boards, downpipes, gutters, and eaves falls under the owner’s responsibility.
    c. Driveways: Owners are responsible for maintaining their driveways.
Is this possible to do in terms of the ST act?

Additionally, the balcony is part of our EUA, however, we had a major damp issue and had to redo the waterproofing. The BC said it is our responsibility. Is that possible? In my mind waterproofing should be the BC responsibility as that is structural...
 
Point B is certainly the BC, and not for the owner!

I have an interesting question, grass in EUA, if garden services $@$& it up, can a owner request the BC to replace?
 
zerocool2009 said:
Point B is certainly the BC, and not for the owner!

I have an interesting question, grass in EUA, if garden services $@$& it up, can a owner request the BC to replace?
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Agreed.

What about the balcony part specifically asking re the waterproofing
 
Nickster said:
QQ I stay in a complex and the houses are sectional title. Its a bit of a peculiar situation.

We emailed the BC to understand the maintenance arrangements since a sectional title to me means the external maintenance is the BC whereas the internal is for the owner. The BC came back with the following:
As per the 2019 AGM Minutes (copy attached):
  1. Owners are responsible for maintaining the following:
    a. Balconies: This includes addressing issues such as leakage, tile maintenance, and waterproofing, as balconies are part of the section. However, painting of handrails remains the responsibility of the Body Corporate.
    b. Roofs: Maintenance of roofs, fascia boards, downpipes, gutters, and eaves falls under the owner’s responsibility.
    c. Driveways: Owners are responsible for maintaining their driveways.
Is this possible to do in terms of the ST act?

Additionally, the balcony is part of our EUA, however, we had a major damp issue and had to redo the waterproofing. The BC said it is our responsibility. Is that possible? In my mind waterproofing should be the BC responsibility as that is structural...
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Ask for a copy of the management and conduct rules. It’s reasonable that any area with exclusive use may be for your own maintenance but usually structural and external are BC maintained. Sounds more like an HOA than a BC.
 
quovadis said:
Ask for a copy of the management and conduct rules. It’s reasonable that any area with exclusive use may be for your own maintenance but usually structural and external are BC maintained. Sounds more like an HOA than a BC.
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Yeah, it seems like a HOA, but because the houses are sectional title we have a BC.

Looked at the rules, but its silent re balconies. All I have is the minutes from the last AGM where it was indicated that "Balconies: This includes addressing issues such as leakage, tile maintenance, and waterproofing, as balconies are part of the section. However, painting of handrails remains the responsibility of the Body Corporate."
 
Nickster said:
Yeah, it seems like a HOA, but because the houses are sectional title we have a BC.

Looked at the rules, but its silent re balconies. All I have is the minutes from the last AGM where it was indicated that "Balconies: This includes addressing issues such as leakage, tile maintenance, and waterproofing, as balconies are part of the section. However, painting of handrails remains the responsibility of the Body Corporate."
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The other issue seems to be everyone in the complex is kosher with it so not really sure what do. Do I go straight to CSOS? We need to get the balcony sorted asap.
 
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