When to pass certain types of resolutions

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.

Resolution 1 2025

RESOLUTION BY THE TRUSTEES OF THE PADDOCKS BODY CORPORATE

RE: APPROVAL OF SECTION EXTENSION AT THE SOUTHERN SIDE OF UNIT 10

  1. RESOLUTION NUMBER: 1 / 2025
  2. DATE:23 June 2025

BACKGROUND

The Trustees of the Paddocks Body Corporate have received and considered an application for a section extension at the southern side of Unit 10, in accordance with the provisions of the Sectional Titles Act 95 of 1986 (“the ST Act”). (Linked)

ARCHITECTURAL SUBMISSION

The Trustees acknowledge receipt of the architectural submission prepared by Jacqueline le Roux Architects, detailing the proposed extension to the boundaries and floor area of the section above. (Linked)

LEGAL COMPLIANCE

The Trustees note that the following legal requirements and procedural steps have been addressed:

Municipal Building Plan Approval: The architect, Jacqueline le Roux, has submitted the building plans securing municipal building plan approval in compliance with Section 4(1) of the National Building Regulations and Building Standards Act 103 of 1977 and Section 3(1)(p) of the Sectional Titles Schemes Management Act. The architect is a registered professional with the South African Council for the Architectural Profession (SACAP).

Insurance Amendment: Our broker, Rickus Schoeman at Schoeman Makelaars did a property evaluation and submitted it to our managing agent.

Levy Calculation & Participation Quota Assessment: The Managing Agent, Gerda de Clerck, will calculate the revised liability for levies based on the adjusted participation quota following completion of the extension. The proposed extension will result in an alteration to the participation quota (PQ) of the extending section and consequently affect the PQs of all sections within the scheme. The Trustees note that the extension represents less than ten per cent of the existing square meters, thereby eliminating the requirement for consent from all unit bondholders as stipulated in Section 24(6A) of the Sectional Titles Act. (architectural drawing attached)

Registration Requirements: The conveyance attorney, Michal Müller at Breytenbach Mavuso, will proceed with registering the approved amending sectional plan of extension at the Deeds Registry and obtaining a new title deed for the extended section in accordance with Section 24(4) of the Sectional Titles Act.

COMPLIANCE WITH CONDITIONS

The Trustees are satisfied that the proposed extension meets all conditions regarding the use and appearance of the structure and building improvement as required by the scheme’s rules and regulations.

RESOLUTION

Therefore, be it resolved that the Trustees of the Paddocks Body Corporate hereby approve the completed section extension at the southern side of Unit 10, noting that construction is to be finalised, subject to:

Diligent pursuit of all outstanding municipal approvals and compliance with building regulations, acknowledging that municipal processing timeframes are beyond the control of the body corporate and section owner;

  • Registration of the amending sectional plan at the Deeds Registry;
  • Amendment of the section owner’s insurance policy to reflect the extended unit;
  • Payment of all associated costs and fees by the section owner; and
  • Continued compliance with all body corporate rules and regulations.

EFFECTIVE DATE

This resolution takes effect immediately, with the understanding that all outstanding legal and administrative requirements must be diligently pursued, recognising that municipal approval timeframes may extend significantly due to administrative backlogs beyond the parties’ control.

TRUSTEES OF THE PADDOCKS BODY CORPORATE

This resolution has been passed in accordance with the provisions of the Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011.