1. Body Corporate Establishment

In terms of section 36 of the Act, the body corporate is established at the time that the first unit is transferred from the developer into the name of its new owner. Within 60 days of establishment, the developer is obliged to convene a meeting...

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2. Duties and Responsibilities of the Body Corporate

Sections 37 & 38 of the Sectional Titles Act define the functions and powers of the body corporate, which include: •     The establishment of a fund to cover all repair and maintenance costs, rates and taxes, insurance...

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3. Annual General Meeting

The body must hold an Annual General Meeting (AGM) within four months of the end of the body corporate's financial year. According to management rule 56, the agenda for the AGM must include at least the following: •     The...

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4. Notice of Anual General Meeting

Management rule 54 requires at least fourteen days notice to be given of an annual general meeting of the body corporate unless everybody who is entitled to attend agrees to a shorter notice period. If a special or unanimous resolution is to...

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5. 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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6. 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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7. 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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8. 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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9. 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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10. 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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