Q&A on Insurance Cover for Plumbing

Below are a series of questions asked by one of our owners regarding plumbing cover by our insurance company - This is the current cover for 2017.

Since these questions pop up from time to time it is well worth posting both the questions and the answers.

 

Q. Does this policy only cover for replacement or repair of the geyser? Would resulting damage be covered too (such as damage to carpets, cupboards, water damage to paint on ceilings/walls).

A. The geyser is covered for a burst geyser with an excess on a 150lr  of R2000.00 and to a total of R6800.00. Damage to fitted carpets, built in cupboards, walls and ceilings is covered with an excess of .

Q. Do they cover for repair/replacement of leaking pipes in walls? And resulting damage of pipe leaks?  

A. No cover for pipes repair in walls. and no insurance company covers repairs and maintenance. They only pay out due to an event which causes damage. Excess is R1250.00.

 

Q. Is this insurance compulsory, or are owners allowed to insure the structure of their unit with other insurance companies, for instance through the financial institution they are bonded with. I’ve heard of owners that have taken other/additional insurance out, but not sure this is legal. Insurance companies always ask “Is this property covered/insured by others”.

A. In terms of the Sectional Title Act 95 of 1986 the complex it is compulsory to be insured as detailed in the act. This is why there are special insurance policies for sectional title complexes. Owners take out extra insurance on the Body Corporate policy to cover expensive built in cupboards etc.

 

Q. Can individual owners apply for coverage of additional items such as pipes if not included in the insurance already (with Company Rietvlei is insured with)? Or is it possible that the Body Corp can maybe look into other companies that include pipes and resulting damage?

A. No insurance company will cover pipes leaking to be repaired only the damage that is caused by the leak.

Electing Trustees

I found this post by Psychsoma informative and think that owners need to know exactly what process are in place regarding the election of trustees.

Nomination, election and replacement of the Trustees of a Body Corporate

The prescribed Management Rules, Annexure 1 to the Regulations of the Sectional Titles Schemes Management Act (No 8 of 2011), Rule 7 deals with the nomination, election and replacement of Trustees.
“A member”, of the body corporate—namely an owner of a section within the scheme—“may nominate any person for the office of trustee” [PMR 7(1)]. “Such a nomination must be in writing, accompanied by the written consent of the person nominated” [PMR 7(2)]. Nominations are, as per PMR7(4) subjected to election at the annual general meetings (AGMs) of the body corporate[PMR 7(4)].
If a “trustee ceases to hold office”, then a vacancy in the number of trustees occurs—PMR 17(5)(j)(vii) specifies that the number of trustees to be elected to serve is determined at the AGM. In such a case, either the remaining trustees [PMR 7(5)(a) & 13(2)]; or the members in general meeting [PMR 7(5)(b)], may appoint a replacement trustee.
However, with regard to PMR 7(5)(a), there are a number of important conditions:

• PMR 9(a) specifies that the trustees must meet—however alternative ways are made provision for.
• PMR 13(1) specifies a quorum of at least 50% by number, but not less than two, and PMR 13(2) specifies that “if the number of trustees falls below the number necessary to form a quorum, the remaining trustee [erroneously stated] or trustees may continue to act, but only to (a) appoint replacement trustees to make up a quorum; or (b) call a general meeting”.
• However, PMR 14(1)(a) and 14(4) both specify that decisions by trustees are by majority vote, which means that a single remaining trustee cannot appoint replacement trustees by majority vote, unless multiple personalities of such a remaining trustee is legally recognised (ignore, it is not a serious statement). This means, that if for some reason only one person remain as trustee, then s/he cannot appoint replacement trustees, but is obliged to call for nominations from the members. Should the number of nominations exceed the number of vacancies, then obviously election is required. However, since the remaining person cannot take decisions, a general meeting is required to ratify the nomination of replacement trustees.

Replacements further apply, as per PMR 7(7), with regard to appointed of a person for a specific period to serve as a trustee, while a trustee is absent or otherwise unable to perform the duties of that office.
A person holding office as trustee, may be removed from office—as per PMR 6((4)(g)—“by ordinary resolution of a general meeting; provided the intention to vote on the proposed removal was specified in the notice convening the meeting”. Note that the trustees (or the members at a general meeting) may remove the chairperson from office, which does not automatically remove the person from office as trustee [Refer PMR 12(5)].
http://www.psychsoma.co.za/sectional_title_living/2016/11/nomination-election-and-replacement-of-the-trustees-of-a-body-corporate.html

RIETVLEI PARK WATER CONSUMPTION (2019 UPDATE)

For the time being this post wont be updated because the dam levels stable, at least for the time being. If in the future there is a possibility of a water crises I will return to updating our consumption levels.

The intention of this post was to make residents aware of their water consumption in the hope that owners and tenants would take it on themselves to reduce consumption.  This proved to be the case when there was a real threat of a "day zero" scenario. 

Important Links on water consumption:

https://www.westerncape.gov.za/general-publication/simple-ways-save-water-your-home

https://www.westerncape.gov.za/general-publication/latest-western-cape-dam-levels

Residents can check for leaks switching off all the water taps and seeing if your meter still turns.  Don't try this after showering because the geyser could still be filling.

Residents can monitor their water consumption by reading their own water meters - they are situated in the yard in the general area near the downstairs toilet window. See plan below:

Click on map to enlarge

Compiled by Steve McDonagh

Sectional Titles Schemes Management Act 8 of 2011

With the introduction of the Community Scheme Ombud Service (CSOS) the Sectional Title Act has been given a makeover particularly with regard to management and conduct rules. A lot of the grey areas regarding 'who is responsible for what',  have been clarified. Unfortunately there is a lot to get through, but it's important for owners in sectional title to gain an understanding of the changes especially in the new Sectional Title Scheme Management Act. The article below from Paddocks Press goes some way in unpacking the changes.

By Sivannah Padayachee

The Sectional Titles Schemes Management (STSM) Act 8 of 2011 was gazetted and signed by the President in June 2011 and this Act will come into operation on a date fixed by the President by publication in the Gazette.

The purpose of the STSM Act is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and, for that purpose, to apply rules applicable to such schemes and a sectional titles schemes management advisory council.

The STSM Act does not repeal the Sectional Titles Act (“STA”) 95 of 1986 (as amended) but certain provisions of the STA have been repealed and/or amended, with the enactment of STSM Act. Various interested parties have raised concerns over the interpretation of section 3(2) of the STSM Act, especially since the STSM Act, repeals Section 37 (2) of the STA.
Section 37(2) (new amendment) provides that: “Liability for contributions levied under any provision of subsection (1), save for special contributions contemplated by subsection (2A), accrues from the passing of a resolution to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in any court (including any magistrate’s court) of competent jurisdiction from the persons who were owners of units, holders of exclusive use areas and holders of real rights of extension at the time when such resolution was passed: Provided that upon the change of ownership of a unit, exclusive use areas and real rights of extension, the successor in title becomes liable for the pro rata payment of such contributions from the date of change of such ownership.”
Section 37(2) of the STA permits a body corporate to recover arrear levies from an owner by instituting legal proceedings in a Court, having jurisdiction. The question that is asked is “whether with the repealing of section 37(2) of the STA and the enactment of section 3(2) of the STSM Act, will result in a body corporate referring all levy defaulters to the office of the ombud to recover the arrear levies from the owner rather than Court?
In order to answer this question, the interpretation of Section 3 (2) of the STSM Act must be analyzed. This section provides as follows:-
“Liability for contributions levied under provision of subsection (1), save for special contributions contemplated by subsection (4), accrues from the passing of a resolution to that effect by the trustees of the body corporate, and may be recovered by the body corporate by an application to an ombud from the persons who were owners of units at the time when such resolution was passed: Provided that upon the change of ownership of a unit, the successor in title becomes liable for the pro rata payment of such contributions from the date of change of such ownership.”
The important words in the above section are the following: “….and may be recovered by the body corporate by an application to an ombud from the persons…”
Usually, in the interpretation of statutes, the word “may” is considered to be permissive rather than directory. The word “may” used in this Act (statute) provides the body corporate, in this instance, with a discretionary right to refer an owner’s liability for arrear levies to the relevant ombud’s office which will be established in terms of this Act. The word “may”, give the body corporate discretion either to use the ombud’s office or not.
It is a discretion which the body corporate may exercise in accordance with the relevant circumstances of each handover/levy defaulter.
The word ‘may’ in its natural meaning is permissive and imports a discretion, and must be construed as discretionary unless there is anything in the subject-matter to which it is applied, or in any other part of the statute, to show that it was meant to be imperative.
If, on the other hand, the Section 3 (2) of the STSM Act stated the following: “and shall be recovered by the body corporate…”, then with the use of the word “shall”, the body corporate would be under a duty to refer all levy defaulters to the ombud’s office, rather than the legal hand over route. The use of the word “shall” is peremptory and this would have meant that from the date of the supposed operation of this Act, any new levy defaulters would have to be referred to the relevant ombud’s office.
It may be presumed that the Legislature did not intend to exclude a body corporate’s right to recover arrear levies from a defaulting owner in a court of law and that the intention was to confer a right of recovery which would come into existence in the circumstances specified, and which may be pursued by action in Court or by application to an ombud.
Bodies Corporate will still retain its common law right to enforce its claim in any court of law and any actions already instituted against a defaulting owner for the recovery of arrear levies, can still be continued against the defaulting owner in that respective Court.
It is trite that courts of law and the legal process generally are open to all. Only in extreme and exceptional cases will a court or the legal process close its door to anyone who wishes to prosecute an action.
HOW DO YOU DECIDE WHETHER TO REFER A LEVY DEFAULTER TO COURT OR TO THE OFFICE OF THE OMBUD?
The Community Schemes Ombud Services (“CSOS”) Act 9 of 2011 was also published in the Gazette in June 2011 and will come into operation on a date fixed by the President by publication in the Gazette. The purpose of the CSOS Act is to provide a legal structure to monitor and control the administration of private and common areas in community schemes and to deal with the various disputes in these schemes by providing effective and affordable dispute resolution services in community schemes, including amongst others, sectional title schemes.
If a body corporate intends recovering arrear levies from an owner, and there is no dispute as to its determination then a body corporate can institute legal action in court to recover the arrear levies from the defaulting owner.
An example of there being no dispute [as given in Body Corporate of Greenacres v Greenacres Unit 17 CC and 1 other 2008 (3) 167 (SCA)], is when an owner ignores a demand for payment of levies or simply refuses, without justification, to pay them. This situation lends itself to there being no dispute and the Body Corporate is entitled to institute legal action in Court to recover its debts.
If, on the other hand, the levy amount is disputed because it has not been properly determined, and if this dispute is raised after the transmission of the levy statement or a letter of demand, then in situations like this, it may be preferable for the body corporate, to make application to the Ombud’s office.
A dispute relating to the recovery of levies or non-payment of levies must exist before any question of application to an ombud is necessary. Even though in terms of Section 39(e) of the CSOS Act, the ombud may make, “an order for the payment or re-payment of a contribution or any other amount”, the appropriate forum for undisputed levy collections, will be a Court of law, as opposed to the Community Ombud service.
It is also important to note that once the adjudicator (in terms of Section 48 of the CSOS Act), has investigated the dispute and made an Order, the adjudicator’s order for the payment of an amount of money such as levies from a defaulting owner, must in terms of section 56 of the CSOS Act, be enforceable as a judgment in a Magistrate’s Court or the High Court, having jurisdiction. This would involve the body corporate executing the Order in Court to successfully recover the payment of the levies.
Accordingly a body corporate that demands payment of levies is entitled to approach a competent Court to enforce its right to recover the levies alternatively the body corporate may make an application to an ombud to provide it with such legal assistance as it requires, and as stipulated in the provisions of the CSOS Act.
The full impact of the above Acts will only become known once the courts have judicially interpreted and tested the various provisions of the above Acts in the Courts to determine when exactly it is necessary to refer a levy defaulter to the ombud’s office or to a court of law.
Without any case law to guide the practical implications of the new Acts, there will be an element of speculation in advising on new legislation. This means that it may take some time before certainty is achieved as to precisely what needs to be done when an owner is in arrears with his levies, and when is it appropriate to refer the matter to Court, even if there is a dispute.
Article reference: Paddocks Press: Volume 7, Issue 5, Page 3

 

 Sivannah Padayachee (B.PROC LLB), Attorney and sole proprietor at Lomas-Walker Attorneys, Notaries and Conveyancers.

This article is published under the Creative Commons Attribution license. 

Rules restricting tenants in sectional title schemes

In today's post from Paddocks "Thinking inside the box" we look at the emotive issue of investors tenants in sectional title.

By Carryn Melissa Durham

There are two types of owners in sectional title schemes: those who reside in their units, and those who do not. The latter are investment owners who let their units out to tenants for rental income. There are various types of investment owners. It could be that a particular owner has various properties in various schemes, and rents the units out as his or her primary business activity for profit. It may also be that an owner has only one unit that is used to subsidise his or her income, or even that the owner is a retired person, that depends on the rental income. It is important that there be a sufficient market of rental property available, as not all persons are in a financial position to buy property.

I often hear that the tenants are the trouble-makers who breach the rules in sectional title schemes. It is true that the trustees must, on behalf of the body corporate, do all things reasonably necessary for the enforcement of the rules of the scheme. However, I am of the view that the body corporate should not discriminate against tenants and investment owners in the creation and enforcement of the rules.

The role of the trustees is to control, manage and administer the common property. The trustees should not unreasonably restrict or regulate the manner in which owners use their section. The trustees should not limit the proprietary rights of investment owners by restricting tenants’ rights too stringently in the rules. Here is an example to illustrate my point: an investment owner could be adversely affected if the scheme rules, in a scheme that is located in a beach town, restricts short-term letting of the sections. This would limit the rental pool of tenants that the investment owner could let the unit to, and make it difficult for investment owners to obtain the maximum rental for their section over the summer holidays.

Another example is that it would be discriminatory against tenant residents to have a rule that states that only owners may keep pets. Section 35(3) of the Sectional Titles Act 95 of 1986 (“the Act’) states that “any management or conduct rule made by a developer or a body corporate shall be reasonable, and shall apply equally to all owners of units put to substantially the same purpose”. This could be interpreted to mean that the rules only need to apply equally to owners, but I believe that in our South African constitutional context, it would be discriminatory to tenant residents to restrict them from keeping pets. Prescribed Conduct Rule 1 states that:
“(1) An owner or occupier of a section shall not, without the consent in writing of the trustees, which approval may not unreasonably be withheld, keep any animal, reptile or bird in a section or on the common property. (2) When granting such approval, the trustees may prescribe any reasonable condition. (3) The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule (2).”

Based on the abovementioned model pet rule it is clear that both owners and occupiers are entitled to request permission to keep a pet. It is far more reasonable and inclusive to give all owners and tenants the opportunity to request trustee consent. The trustees should then apply their minds to the individual requests and consider the circumstances of each case. The fact that it is a tenant should be irrelevant in the consideration. The trustees can then impose reasonable conditions when granting their consent, and could always withdraw their approval when the conditions are breached.

Ultimately Prescribed Management Rule 69 states that the rules and the duties of owners in relation to the use and occupation of sections and common property are binding on owners, their lessees and other occupants of sections. It is the duty of an owner to ensure that his or her tenants and other occupiers, including employees, guests and their family members, comply with the rules. This is a partial re-statement of section 35(4) of the Act, which provides that a scheme’s rules “bind the body corporate and the owners of the sections and any person occupying a section“.

I suggest that the rules address the specific actions or behaviour, rather than to target the tenants with blanket bans or overly restrictive rules. To make a rule that unfairly restricts the tenants would, in my view, be inherently discriminatory and in conflict with the spirit and purpose of the Constitution.

Trustees Fiduciary Relationship With The Body Corporate

In this post from Paddocks (Thinking inside the box) we look at the importance of the legal and moral relationship trustees and the body corporate members.

Paddocks Article

Each trustee of the body corporate stands in a fiduciary relationship to the body corporate, and its members. Section 40 of the Sectional Titles Act 95 of 1986 (“the Act”), defines this important type of relationship by placing a fiduciary duty on the trustees to:

• Act honestly and in good faith;
• exercise their powers to manage or represent the body corporate, in the interest and for the benefit of the members of the body corporate;
• not to act without or exceed their powers as set out in the Act; and
• avoid a conflict of interest.

Trustees shall further avoid any material conflict between their own interests, and those of the body corporate. For example, in situations where a trustee may acquire a financial or any other type of personal benefit from a trustee decision, the trustee shall disclose their conflict of interest or potential conflict of interest, and recuse themselves from any decision, which directly or indirectly personally involves them. Where a trustee fails to disclose a (potential) conflict of interest, and it becomes known to the body corporate that the trustee has an undisclosed interest in the contract entered into, the contract may be voidable at the option of the members of the body corporate, unless a Court, upon application, orders that the body corporate is bound to the operation of the contract.

Should a trustee breach any duty arising from their fiduciary relationship to the body corporate, through their mala fide (fraudulent) or grossly negligent act or omission, they shall be liable to the body corporate for any loss suffered as a result by the body corporate, and any resultant economic benefit derived by them.

A trustee’s conduct does not constitute a breach of a fiduciary duty if the conduct was authorised (before or after) by the written approval of all the members of the body corporate, who are aware of all the material facts of the conduct.

In terms of Prescribed Management Rule 12 of Annexure 8 of the Regulations to the Act, the trustees shall be indemnified by the body corporate against all costs, losses, expenses and claims, which they may incur or become liable for, by reason of any act done or omission by them, in the discharge of their duties. This indemnification applies, except in so far as the act or omission was fraudulent or grossly negligent.

It is the duty of the trustees to pay the indemnity from the funds of the body corporate, or to ensure that there is fidelity guarantee in place, which will be used to refund any loss of monies belonging to the body corporate, or for which it is responsible, as a result of fraud or dishonesty committed by any trustee.

Rules to Govern Sectional Title Living

A link to the following article was submitted by owner: Bryan Barrath.  We discussed just inserting the link to the original article, but I decided to rather paste the Property 24 article in its entirety.  My fear is that 5 years the article will still be valid, but the link may not be.

24 Feb 2008

Here are the 10 commandments which need to be borne in mind when living in and/or owning a Sectional Title unit.

1. Respect your neighbours
You, your family and your guests must respect your neighbours – you are living in a communal environment, lots of people represent the security you want, but not all the privacy you have with a full title property.

Obey the Body Corporate's Conduct Rules (usually they are lodged with the Deeds Office), remember a complex is as good as its rules.

Complaints to the Trustees have to be in writing, if not in writing it is just a moan and nobody has time for moans.

2. Realise what you do not own
Exclusive Use Areas, sole use areas, the outside "skin" of your unit, (including the roof, outside walls and the foundations) the boundary walls, passages, elevator, gardens, car ports, parking bays are all common property.

All owners "own" common property in undivided shares.

You require written permission from the Trustees before making any changes to the common property. You may not mark, paint, drive nails or screws or otherwise damage or alter any part of the common property. You may install security gates and burglar bars provided the Trustees have first approved in writing the nature and design of the device and the manner of the installation.

Geyser and toilet overflows not only waste water, the water also damages the common property (especially in blocks of flats). Overflows must be attended to as soon as possible failing which the Trustees will have the problem fixed (and the damage to the common property) for your account.

Signs and notices also require written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside. Advise your security company that they may not place their sign until you have the required written permission.

You do own the inside of your unit and you are obliged by the Act to: 

- Repair and maintain it and not to use it or permit it to be used for such purpose as shall cause a nuisance to any other resident in the complex (see Noise).
- Not use the unit for any purpose that may be injurious to the reputation of the building.
- You are not permitted to make alterations that may impair the stability of the building, and; 
- You are to maintain your hot water installation, even if the geyser is outside the unit.

3. Noise
Noise is a nuisance and you, your children and your visitors may not be the cause of any nuisance to the other residents in the complex. 

Owners beware, you are responsible for the behaviour of your tenants and you may well be fined by the Trustees for the noise your tenants make (should there be a rule on Noise).

Noise is covered in the Environment Conservation Act of 1989 (should you wish to lay a charge privately), and it defines two types of noise a) Disturbing noise and b) Noise Nuisance.

Noise nuisance "means any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person". This covers all noise e.g. Barking dogs, machine noise, vehicles, garden implements, etc. There is a fine not exceeding R20k and/or prison for not more than two years if they are found liable on conviction.

4. Pets
The Sectional Titles Act Conduct Rules requires you to get written permission from the Trustees before you bring a pet onto the complex. Beware that some complexes have banned cats or dogs or pets in general by amending their rules and having them lodged at the Deeds Office for their Body Corporate. 

Once you have the written consent to have an animal the animal may not be a nuisance to other residents, if it does the Trustees can withdraw their consent and you will have to find alternative accommodation for the animal.

Dogs on the common property must be on a leash at all times and the owner of the dog is responsible for picking up the excrement. All dogs must have licenses.

5. TV aerials/satellite dishes
The Sectional Titles Act Conduct Rules require you to obtain written permission from the Trustees before installing your aerial on common property. See number 2.

The aerial must not be installed in front of the townhouse as this affects the harmonious appearance of the complex. Request the installer to run a cable around the side and install it in a less prominent spot.

When leaving the complex you may take the dish but the bracket must remain for the next resident to use, this way damage to the common property is minimal. Any damage to the common property will be fixed by the Trustees for the owner's account.

The appearance of your unit from the outside is very important – you are not permitted to keep anything outside your unit which is not in keeping with the appearance of the complex e.g. rubbish kept on balconies, old washing machine on your front lawn. 

6. Fire safety
Fires don't happen very often but you still need to analyse the situation you are in and have a plan of what to do if this should ever happen.

Ask yourself: is there a fire hazard in my unit? If there is be sure to advise your family of it. Check the exterior of the building too.

In big blocks of flats the Trustees need to have a plan of what to do if there ever is a serious fire e.g. How to advise everyone that there is a fire? Have the fire extinguishers been serviced every year? The hose reel, is it working or has it rusted up with non use over the years? Are the emergency exits locked without keys available? Will the fire engine get through the gates? Is there a fire hydrant for them to use?

Ask the Fire Marshall to visit your complex to check it out for fire safety and give you recommendations.

Residents may not store any material which is inflammatory e.g. petrol. Do not commit any "dangerous acts" in the building or on the common property which may increase the Body Corporate's insurance premium.

7. Refuse and cleanliness
You are responsible for taking your refuse to the refuse area and placing it in the container provided. Your kitchen refuse must be placed in plastic bags; tins must be completely drained so that the bag will not leak.

Your unit must be kept free of bugs, including borer beetles and cockroaches – these must be eradicated immediately to stop them affecting the entire complex.

Littering in the complex is not permitted! This includes any rubbish, soil, cigarette butts, food scraps or any litter whatsoever.

Exclusive Use Areas allocated to you have to be kept clean and tidy.

Laundry – you are not permitted to hang washing on any part of the building or the common property so to be visible from outside the building or from any other unit, i.e. no washing to be hung on balconies (use the washing lines provided).

8. Vehicles, parking and speeding
Vehicles: You are to ensure that you and your visitors vehicles do not drip oil or brake fluid onto the common property and no one is allowed to dismantle or do major repairs to vehicles on any part of the common property including Exclusive Use Areas.

Speeding: Town house complexes are for families and that means there will be children playing or just walking in the streets – you have no right to endanger their lives by driving at speed to and from your unit. If you get there or to the gate a minute later, how will this change your life? What will change your life is killing or maiming someone's child.

Parking: You may not park any vehicle on the common property without the written consent of the Trustees (this does not include your allocated parking area). The Sectional Titles Act Conduct Rules allow the Trustees to have vehicles towed away at the risk and expense of the owner of the vehicle.

9. Security
They say a chain is as strong as its weakest link and so it is with security in a complex. The residents that open the gate/door for someone they do not know, the driver that drives off before the gates are closed will always be the weak link in even the most expensive security system.

Realise that your actions may lead to your unit being robbed or your family or another resident being robbed, raped and/or murdered – do you want this on your conscience? 

Your family and maid need to be instructed not to buzz strangers into the complex and to be vigilant when seeing strangers in the complex. Do not give all and sundry the code to get in. 

Be responsible, these are trying times we live in and security is everyone's concern, so don't blame your Trustees.

10. Owners 
Body Corporate Levies: Your monthly levy is the lifeblood of the Body Corporate so pay your levy! The levy is payable in advance due on the first day of each month. 

Letting your unit: The Rental Housing Act obliges owners to make the Conduct Rules a part of your lease agreement. Remember you are responsible for their behaviour. Try to match your tenants with the residents in the complex, if they fit in with their peer group they will be happier, be good tenants and stay longer.

AGM: Attend the annual general meeting, it is the least you can do for your investment. 

Trusteeship: Volunteer to become a Trustee and have a say in the running of the complex.

Trustees' meetings: You are permitted to attend so attend as often as you can.

These "10 Commandments" are by no means complete, but they do cover most of what the owners' and occupiers' responsibilities which are detailed in the Sectional Titles Act of 1986 and the Management and Conduct Rules. 

Each Body Corporate is unique and Conduct Rules need to be fine tuned to suit your scheme's circumstances e.g. if there is a pool in the complex this represents a danger to young children - you therefore need a rule to disallow children in the pool area without adult supervision. You are also required to have a child proof gate on the entrance to the pool enclosure and insurance companies insist on indemnity signs as well as signs detailing the depth of the pool, etc.

You can imagine the huge cost to the Body Corporate if a child dies of drowning (or by a freak accident) and it is deemed by the courts that it could have been prevented had the Trustees applied their minds to the risks inherent in the scheme. – Les Reynard

Readers' Comments 
I have a question with regards to the erection of signs and notices. I am aware that if I, as the owner, wish to put up a noticeboard on my outside wall, then I need written permission from the Trustees before they are placed on the common property, or in a unit if they can be seen from outside. 

However, can the Trustees erect any noticeboard on anybody's walls without consent from the owner?
The legal intent of the clause in the Sectional Title's Act is there to prevent owners from defacing the outside walls of the property, which would go against the aesthetical objectives of the complex. 
However, this clause does not give Trustees carte blanche to do as they please on your wall?

It is posing a security risk, since people are loitering outside our property while reading the noticeboard. It is also a security risk, since people can 'validly' look around the property. 

Please advise - Anne Stanton

This is an interesting one. I wish you had told us what the sign was about.

You are correct in that owners require written permission from the Trustees to put up a sign on common property - the Trusees cannot give written permission to themselves, however I would request the minutes of their meeting where this was discussed and resolved.

Trustees require to have meetings and to agree on resolutions by a majority vote - did this occur? Or is it just the Chairman doing his thing?

Firstly, you need to complain to the Trustees in writing (at the same time request to have a copy of the minutes of their meeting) and request you be at their meeting when they discuss your corrospondence. In this way you can be interactive with them and hopefully get them to move the sign.

Finally, if is proves to be a security risk you can always declare a dispute in terms of Management Rule 71 and ask for the matter to be taken to Arbitration. Good luck. - Les Reynard

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