Sectional title trustee question

[tawdry]

Hi I am an owner of a unit and my girlfriend stays with me.We both applied to be trustees of the scheme but were told by the chairperson only 1 person from each unit can be a trustee. I cant find any rule to back this up .Does anyone know if this is a true or false statement.Thx

 

[Lupus]

It's generally true, same as when it comes to voting in the quorum during AGMs only one can vote.
It's too try keep things fair, but honestly the whole sectional title thing is a pain in the rear.

 

[blaaislaai]

Seems to be correct, yes.

However, you can contact CSOS just to make sure

CSOS

csos.org.za

I'm resigning as a trustee from my complex this year, it's tiring to deal with all the people's nonsense and crap.

 

[Pineapple Smurf]

sounds right
in my complex the person who owns the unit is the one that attends AGM's and votes

 

[Speedster]

I'm going to go a different way on this one. Even though the unit only has one vote, my understanding is that anybody can be a trustee.

 

[Speedster]

Here we go

6. Requirements for office and disqualification
(1) A trustee need not be a member or the legally recognised representative of a
member who is a juristic person.

Also
7. Nomination, election and replacement
(1) A member may nominate any person for the office of trustee.

Taken from the sectional titles management regulations 2016

 

[Lupus]

I'm going to go a different way on this one. Even though the unit only has one vote, my understanding is that anybody can be a trustee.

Anybody can, as long as it's only one per unit. My wife was a trustee but I was the owner.

 

[Speedster]

Anybody can, as long as it's only one per unit. My wife was a trustee but I was the owner.

No such restriction that I am aware of

 

[jezzad]

Anyone can be a trustee, you dont need to live in the block or have anything to do it.

I don't think there is a limit to one trustee per unit, there is however a limit of one vote per unit.

So you or your girlfriend (whoever is the owner) has one vote for a trustee.

A way around this would be to get a proxy from other owners and be their representative. You then have their vote and the ability vote a second time.

I remember however that there is a limit to the amount of proxies one can get / receive.

Best would be to review the sectional title act on the above, I wouldn’t take the above as concrete as my memory is a bit hazy

 

[Steamy Tom]

why would you both want to be xD

 

[jezzad]

why would you both want to be xD

Two trustees with the same view and agenda. If you wanted to get something done and there were only three trustees you could pretty much guarantee it happening.

 

[Lupus]

Two trustees with the same view and agenda. If you wanted to get something done and there were only three trustees you could pretty much guarantee it happening.

Nope you'd not, as it's only one vote per unit, so why wouldn't that carry over to the trustees meetings?

 

[Speedster]

Nope you'd not, as it's only one vote per unit, so why wouldn't that carry over to the trustees meetings?

Trustees are elected to represent the body corporate and represent the body corporate as a whole, not individual units.

Edit: this would be akin tosaying there is only allowed to be one cabinet minister from each city.

 

[Steamy Tom]

Two trustees with the same view and agenda. If you wanted to get something done and there were only three trustees you could pretty much guarantee it happening.

my point was what is their agenda...

 

[Lupus]

Trustees are elected to represent the body corporate and represent the body corporate as a whole, not individual units.

Yes they are elected by the body corporate, but an individual unit with their own motives could influence the whole thing. I've been through having seen what trustees can influence, having two people within the same unit with the same agenda is probably why most body corporates have rules in place saying it's 1 trustee per unit. It might not be a hard law but it would be one of their rules.
If the OP is that worried he could ask for the Body Corporate rules, which technically he should've gotten when he moved in.

 

[Speedster]

Yes they are elected by the body corporate, but an individual unit with their own motives could influence the whole thing. I've been through having seen what trustees can influence, having two people within the same unit with the same agenda is probably why most body corporates have rules in place saying it's 1 trustee per unit. It might not be a hard law but it would be one of their rules.
If the OP is that worried he could ask for the Body Corporate rules, which technically he should've gotten when he moved in.

I never said it was necessarily a good idea, I'm saying there is no legal restriction on it. An individual body corporate may have such a rule but since it is their own rule, they would be able to change it if they want.

 

[Lupus]

I never said it was necessarily a good idea, I'm saying there is no legal restriction on it. An individual body corporate may have such a rule but since it is their own rule, they would be able to change it if they want.

There's no direct law, but I think in general it's an unwritten rule as it makes logical sense.

 

[Speedster]

There's no direct law, but I think in general it's an unwritten rule as it makes logical sense.

Unwritten rules aren't enforceable. If OP and his SO both want to make themselves available then the current chairperson can't just say no. It would be up to the body corporate whether they elect them or not.

 

[Lupus]

Unwritten rules aren't enforceable. If OP and his SO both want to make themselves available then the current chairperson can't just say no. It would be up to the body corporate whether they elect them or not.

Unless it's within the rules of their sectional title, which I'm pretty sure the OP hasn't bothered to read. Also it's generally limited to owners, as in members of the body corporate. So unless his Girlfriend is on the Title deed with him, than they can turn around and say no.
There are times when a non-owner has been a trustee but those are because the owner has given up his chance, there was a vote and it was decided by said body corporate.

 

[satanboy]

Two trustees with the same view and agenda. If you wanted to get something done and there were only three trustees you could pretty much guarantee it happening.

And then have everyone in the block constantly eyeing you with suspicion. This is one of the ways to turn all the other owners against you.

I am a trustee and would never want that. If my SO wished to be a trustee, I would resign.