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 of the new body corporate, details of which are given below. Every owner becomes a member of the body corporate when transfer of his or her unit is registered and will remain a member for as long as he or she owns a unit within the scheme.

On establishment, the developer becomes a member of the body corporate and will cease to be a member only when the last unit registered in his or her name is transferred to its new owner. If as a result of a section 25 right the developer extends the scheme, the developer will rejoin the body corporate as and when the new units become registerable and part of the scheme, whether the new units are occupied or not.

Most residential sectional units are registered in the name of an individual or are owned jointly by two or more people. Others may be registered in the name of a company, close corporation or trust. A full definition of "owner" is given in section 1 (1) of the Act.