101. Resolutions at an meeting

The term "ordinary resolution" is neither defined nor recognised in the Act or rules. However, in this publication the term is used to describe a resolution that is neither "special" nor "unanimous".   Ordinary Resolutions An ordinary...

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102. Apointment of Managing agent

Most sectional owners believe that a managing agent's function is to send out statements and collect levies. Without doubt, this is a major and highly visible part of the agent's responsibilities, but a competent agent will do a lot more for the...

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103. Rules of the Sectional Title Scheme

From the date that the body corporate is established, every sectional scheme is subject to rules for the control and administration of the scheme. Under the current Sectional Titles Act, these rules are known as Management Rules and Conduct...

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104. Maintenance of Sectional Title

Section 37(1 )(j) of the Act requires the body corporate to maintain the common property and keep it in a good state of repair. In addition to the land on which the scheme is situated, the common property includes the outer half of outside...

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105. Exclusive Use Areas

  Most exclusive use areas (EUA's) in sectional schemes fall into one of three types: •         Created under the rules of schemes registered under the 1971 Act. •        ...

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106. Using the Section only for the purpose it was intended

Section 44(1 )(g) of the Act states that a section can only be used for the purpose for which it is intended, although with the written consent of all the other owners, it can be used for a different purpose. The effect of this is that an owner...

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107. Improving and Maintaining a Section

  Section 44 of the Act requires an owner of a section to maintain his or her section and keep it in a good state of repair. This obligation is backed up by management rule 70 that authorises the body corporate to carry out essential...

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108. The two signature rule

Management rule 27 is one of the most often ignored rules. This is what it says: No document signed on behalf of this body corporate, shall be valid and binding unless it is signed by a trustee and the managing agent referred to in rule 46 or...

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109. Calculating the Levy's

Before every AGM the trustees, assisted by the managing agent, must prepare an estimate of expected expenses that will be incurred by the body corporate in running the scheme during the ensuing year. Included in this estimate are costs of: ...

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110. Availability of Rules

Rule 32 requires the trustees to keep a complete and up to date set of all the rules and make these available to any owner, occupant, prospective purchaser, bondholder and managing agent and may charge a reasonable amount to anyone who wants a...

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