This webinar took place on Thursday 25 November 2021.
The legal position of trustees
– and owners’ right to challenge.
The trustees of a scheme are often seen as an all-powerful committee who makes decisions on behalf of the owners and whose decisions cannot be questioned. What is the true legal position of trustees and what are the rights of owners to challenge trustee resolutions?
For our November webinar, we unpacked a recent case from the Supreme Court of Appeal handed down on 5 November 2021 – Legacy Body Corporate vs Bae Estates and Escapes (Pty) Ltd and Pam Golding Property Management Services (Pty)Ltd.
This case deals with the owners’ right to request a court review of decisions taken by the trustees, with this particular case revolving around the trustees’ decision to ban a letting agent from letting units in the building.
Taking us through this case and its implications is Marina Constas, founder of WiST and specialist sectional title attorney. In our discussion, Marina reviewed which decisions in a scheme require the consent of trustees and which need an ordinary, special or unanimous resolution from owners.
Watch the recording
Thank you to our sponsors:
ZDFin
ZDFin is a specialist finance company providing smart solutions for community schemes. With a wealth of practical experience in property and financial management and an understanding of the challenges, their range of targeted financial products can be tailored to meet the specific needs of your scheme. www.zdfin.co.za
BCMTrac provides innovative scheme management software to community scheme managers. With a user-friendly dashboard, BMCTrac offers an accessible financial accounting application with comprehensive reporting capability and communications modules, streamlining our clients’ business and saving them time. BCMTrac – Financial accounting and communications, simplified. www.bcmtrac.co.za
MeetingPal
MeetingPal is a system specifically developed for the management of virtual meetings for Sectional Title Schemes and Homeowners Associations in full compliance of the STSM Act and adaptable per MOI. Owners can access the MeetingPal voting system as a mobile App or as a webpage making voting easy and convenient. www.meetingpal.co.za
Sectional Title Solutions is focused on providing value-add solutions to community schemes nationwide that reduce cost, generate revenue and increase property value. Solutions offered include innovative Funding and Treasury, Efficient Energy, Smart Technology, Legal Advisory and a host of other service solutions. Building sustainable relationships, helping our communities thrive. www.stsolutions.co.za
CIA
As one of SA’s largest Community Schemes insurance providers, CIA understands the unique and growing challenges faced by today’s Bodies Corporate, their trustees and managing agents. Our Community Living Insurance Policy has been designed to cover all types of residential, commercial and industrial community and sectional title schemes. www.cia.co.za