When to pass certain types of resolutions

Oct 1, 2025

Ordinary Resolutions

To install separate metres

To remunerate Trustee who is nota member 

To remove a Trustee from office.

To appoint a Managing Agent and/or cancel the management agreement with accordance with its terms or refuse to renew it when it expires

To consent for a structure or building improvement on EUA or extension of a section or EAU, if the BC is satisfied that such work does not require compliance with the STSMA & STA requirements

To prescribe any reasonable conditions and /or to withdraw such consent if a member/occupier breach such condition in respect of any structure or building improvement.
Special Resolutions
To install pre-paid water & electricity meters
To effect improvements or alterations that are reasonably necessary

To grant a Trustee who is a member the right to any reward, whether monetary or otherwise for their services.

To borrow money.

To cancel the management agreement on two months’ notice prior to expiry.

To appoint an Executive Managing Agent.

To sue the Developer of the scheme for any claim.

To enter into a notarial deed of cancellation of an exclusive use right.

To approve the extension of boundaries or floor area of a section.

To purchase, take transfer of, mortgage, sell, give transfer of or hire let units.

To change the value of votes of owners or the liability of owners tom make contributions.

To change the location of a AGM to a place other than  one in  the local municipal area where the scheme is situated.

To  insure any additional insurable interest the BC has in the land & Buildings.
To add to, amend, or repeal conduct rules.
Unanimous Resolutions
To effect improvements or alterations not reasonably necessary
To sell any part of the common property

To rent land outside of the Scheme

To deem destroy the scheme.
To create a registered exclusive use right.

To extend the time period within which the Developer may erect, or complete a building, or an extension of an existing building.

To rebuild or reinstate any building , or not to rebuild or reinstate any building, that was damaged or destroyed.
To make loans from the BC’s fund.
To add to, amend, or repeal management rules.

Unanimous Resolutions are required when

Oct 1, 2025

Unanimous resolutions in sectional title schemes are essential for making significant decisions by the body corporate. Therefore, it is crucial to adhere to the proper procedures. Different types of resolutions demand varying levels of consensus depending on how much the decision impacts the members’ financial interests. Generally, the greater the financial effect on members, the higher the consensus required. In upcoming articles, I will explore the various resolution types: unanimous resolutions, ordinary resolutions, and special resolutions.

How to Obtain a Sectional Title Unanimous Resolution
A unanimous resolution, as defined in section 1 of the Sectional Titles Schemes Management Act 8 of 2011 (the “STSM Act”), means a decision passed with full agreement of all members either by:

  • Being approved unanimously at a meeting where at least 80% (by value and number) of members’ votes are present or represented, and all votes cast are in favor; or
  • Reaching a written agreement among all members.

Notice Requirements for Unanimous Resolutions
Section 6(2) of the STSM Act mandates that at least 30 days’ written notice must be given if a unanimous resolution is on the meeting agenda, unless the scheme’s rules allow for shorter notice. Additionally, prescribed management rule 15(3)(b) stipulates that the notice should include either a copy or a detailed summary of any document to be discussed or approved during the meeting.

Quorum for Unanimous Resolutions
For resolutions made at an Annual General Meeting (AGM), the quorum must be at least 80% in both value and number of members’ votes present or represented.

Decisions Requiring a Unanimous Resolution
The following are decisions that necessitate a unanimous resolution:

  • Authorizing the body corporate to sell or lease all or part of the common property (Section 5(1)(a)).
    • Amending or repealing management rules (Section 10(2)(a)) and creating rights of exclusive use within these rules (Sections 10(7) and (8)).
    • Deciding on compensation distribution for expropriated common property (Section 12(2)(a)).
    • Declaring buildings destroyed (Section 17(1)(b)) and decisions related to rebuilding or transferring interests after destruction (Section 17(3)(a)).
    • Approving improvements or alterations to the common property that are not strictly necessary (PMR 29(1)).
    • Authorizing loans from the body corporate’s funds (PMR 21(2)(a)).

    Decisions Requiring Written Member Consent
    Some decisions demand written approval from all members, along with additional consent in certain cases:

    • Purchasing land to expand the scheme’s common property (Section 26).
    • Exercising or ceding future development rights, requiring consent from mortgagees as well (Section 5(1)(b)).
    • Allowing a section or exclusive use area to be used for a different purpose than indicated on the plan (Section 13(1)(g)).

    Procedures When Unanimous Consent Cannot Be Achieved
    In situations where obtaining unanimous agreement is challenging, Section 6(9) of the STSM Act provides a remedy. It allows the body corporate or an individual owner to seek relief from the chief ombud if they cannot secure a unanimous resolution.

    Approving the extension of the developer’s future development rights (Section 5(1)(c)).Requesting the delineation and transfer of exclusive use rights to owners (Section 5(1)(e)).

Ordinary Resolution

Resolution passed by at least 50% + 1 of votes of members, present or represented by proxy at a meeting

Special Resolution

Resolution passed by at least 75% of votes of members, present or represented by proxy at a meeting

Unanimous Resolution

Resolution passed by all members, which at least 80% of votes are present or represented by proxy at a meeting and all members vote in favour of the resolution

What makes a quorum

Oct 1, 2025

For a sectional title scheme with 24 owners like ours, the quorum requirements for an AGM are:

At least 7 owners must be present or represented (in person or by proxy).

Here’s how it works:

First attempt at the meeting:

  • You need persons entitled to exercise at least 25% (1/4) of the votes
  • In a 24-unit scheme, this typically means at least 6 owners if votes are equal
  • However, the standard practice is that you need owners holding at least 1/4 of the total quota in value

If quorum is not reached:

  • The meeting must be adjourned to a date at least 14 days but not more than 30 days later
  • Notice of the adjourned meeting must be given to all owners

At the adjourned meeting:

  • The members present at the adjourned meeting constitute a quorum, regardless of the number (even if it’s just 1 or 2 owners)

Important points:

  • Owners can attend in person or send a proxy
  • Co-owners of a single unit count as one owner for quorum purposes
  • The quorum must be maintained throughout the meeting

For a trustee meeting in a sectional title scheme with 5 trustees, the quorum is:

At least 3 trustees must be present.

According to the Sectional Titles Schemes Management Act (STSMA), the quorum for a trustees meeting is:

  • 50% + 1 of the trustees (a simple majority of the total number of trustees)

So with 5 trustees:

  • 50% = 2.5 trustees
  • Rounded up = 3 trustees minimum

Important notes:

  • The quorum must be maintained throughout the meeting
  • If a quorum is not present, the meeting cannot proceed and must be rescheduled
  • Decisions at the trustee meeting typically require a majority vote of those present

For voting at the trustee meeting:

  • Each trustee has one vote
  • Decisions are usually made by simple majority of trustees present (so with 3 present, you’d need at least 2 votes to pass a resolution)

Your scheme’s management rules may specify additional details, but they cannot reduce the quorum requirement below what the STSMA requires.

 

STSM changes

Sep 18, 2025

The Sectional Titles Schemes Management Act 8 of 2011 brought significant changes to how sectional title properties are administered and managed.

This discussion focuses specifically on the role and responsibilities of executive managing agents within these schemes.

An executive managing agent operates under a formal management agreement and assumes the duties and powers that would typically belong to trustees elected by scheme members. While the appointment of such an agent doesn’t eliminate the legal requirement for trustees to exist, the practical need for multiple trustees diminishes since the executive managing agent handles their core responsibilities. Schemes may therefore operate with only the minimum number of trustees required by law.

The process for appointing an executive managing agent can follow two paths. Body corporate members may make this appointment through a special resolution, or alternatively, members holding at least 25% of the total sectional quotas can petition the Community Scheme Ombud Service to make such an appointment.

Once in position, the executive managing agent bears the same legal duties and obligations as trustees would. This includes managing the scheme with professional competence and due care. Should the agent fail to meet these standards, they become personally liable for any resulting losses to the body corporate. Like trustees, executive managing agents owe fiduciary duties to all body corporate members, meaning they must act in the collective best interests of the scheme rather than pursuing personal gain.

The role carries specific operational requirements. In our case the caretaker/manager must conduct physical inspections of common property at least twice yearly and provide comprehensive reports to all members annually. These reports must cover several key areas including planned repairs and maintenance for common areas, and relevant observations about property conditions. The managing agent report on current balances and reconciliation statements for both administrative and reserve funds, detailed breakdowns of body corporate expenses encompassing repair and maintenance costs, and summaries of all decisions made during the reporting period.

These reporting obligations mirror those required of court-appointed administrators, reflecting the significant responsibility and accountability that comes with managing sectional title schemes on behalf of their members.

Report 11 Sept 2025

Sep 11, 2025

Caretaker Report

Maintenance on roofs and walls

Ongoing maintenance includes constant repairs and replacement of loose screws. Regular cleaning of gutters continues as scheduled. The wooden doors to the garages at units 1 to 6 have been sanded and treated. Sand sweeping into the paving has been completed wherever requested by owners. Repairs have been completed on the dividing wall between units 15 and 16. A second request to inform us of leaking roofs was posted end September. A contractor, Juan Wessels, are in the process of inspecting the roofs and repairing where needed.

Maintenance on doors Units 1-6, and 19-24

These doors require treatment for sun damage. According to the attached estimate, the cost per door amounts to approximately R548.00. If accepted by the owners, the cost can be added to their levies. 

Fire Safety Equipment

Annual servicing of fire hoses and fire extinguishers has been completed by Fernotech. Several owners have purchased additional in-house devices, which were also serviced during this annual maintenance cycle.

Security Enhancements

To address security concerns, stronger bulbs were installed in lampposts and additional lights were added to unit 1, the gate, and unit 18 to illuminate dark areas.

Garden Maintenance

Compost holes dug over the course of three years are filling up nicely, and compost is now available for gardening purposes. Residents may request compost from the gardeners as needed. The compost is also being used as lawn topping and appears to be ideally suited for this purpose.

Two sawtooth oak trees are being relocated complex as they have grown too large for their previous locations. We hope they survive the transplantation. The cherry trees require constant treatment against slugs. The indigenous (Ouhout) shrubs are developing well, and we will be adding more of these plants.

Chimney Cleaning

Our gardeners are not adequately equipped for chimney cleaning tasks. We recommend contacting Juan Wessels at Elficient Services, who specialises in this type of work. ‭(082) 874-9467‬

Fibre Connection

The contract with Internet SA expired at the end of June. Bethnet approached us to install fibre as well, but Internet SA refuses to allow them to use their existing infrastructure. This would require Bethnet to dig and lay their own pipes, involving extensive labour work that is unacceptable to the trustees. This matter remains open for discussion.

Unit Extensions

A Request to add an extension to Unit 10 has been approved. See the resolution by clicking on the provided link. Trustee permission was granted unanimously. Pierre le Grange and Elluman finished the work to perfection.

A question regarding common property and exclusive areas was discussed. Click on the provided link to see an explanation of these terms.

Unit 12 has enclosed its patio after requesting and obtaining permission from the trustees. The enclosure was completed to standard by Elluman.

Fencing

Units 1, 10 and 12 have added white picket fences to enclose their exclusive areas. Maintenance on the fence at unit 7 has commenced.

Eskom to waive registration fees until March 2026

Eskom reaffirmed on April 1 its commitment to waive registration fees for residential solar PV systems – a policy in effect since March 2023 that supports South African households installing typical 16 kVA systems. However, the Department of Forestry, Fisheries and the Environment (DFFE) notes this remains a temporary measure. They urged Eskom to make these benefits permanent for residential customers. The looming reinstatement of fees after March 2026 risks creating a financial barrier that could deter investment in solar PV and other renewable solutions, slowing progress when rapid, widespread adoption is essential to meet our commitments under the Paris Agreement and the Climate Change Act.

Traffic Safety Concern and Proposed Solution

There is an ongoing safety concern within the complex regarding excessive vehicle speeds on our paved roads. Owners, guests, and workers have been driving at dangerous speeds. This  behavior poses a significant risk to everybody within our complex.

Despite repeated requests to offending drivers, the speeding problem has persisted and continues to be ignored. Requests has proven insufficient in curbing this dangerous behaviour.

To address this persistent safety hazard, the installation of speed humps along the main thoroughfares within the complex is recommended. Speed humps are a proven traffic calming measure that physically compel drivers to reduce their speed, thereby creating a safer environment for all residents and visitors.

A quotation has been obtained for the installation of speed humps as follows:

R27,126.00
Elf-icient Services, Juan Wessels
4 speed humps in total recommended:  in the regions of units 1 & 2 & 4; 23 & 13, 21 & 15

Quote attached