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It is important to note that the body corporate is classified as a legal entity that can be sue or be sued in a court of law. However, each owner is both jointly and severally responsible for the debts of the body corporate.

Trustees
The body corporate elects trustees to perform the duties of the body corporate. These trustees are elected at the first annual general meeting of the body corporate and they hold office until the next annual general meeting is held, at which time they are eligible for nomination for re-election.

Although the number of trustees may vary from time to time, there may not be less than two trustees in office at any given time. In accordance with The Act, the majority of trustees must be owners or spouses of owners. The managing agent or any employee of the managing agent may not be a trustee.

The trustees are responsible for convening annual general meetings within four months from the end of each financial year, as well as the following duties:

  • To ensure that all occupants and owners abide by the rules;
  • Maintain the common property areas;
  • To calculate and collect levies;
  • Oversee all administration duties of the body corporate; and
  • Ensure that the property is sufficiently covered by insurances.

Rules
In a sectional title complex the activities of owners, residents and their visitors are regularly by Conduct Rules, in accordance with the provision made in the Act. In cases where owners, residents or their guests persistently break rules, which impact on the comfort and safety of other owners, a written warning would be issues and, if necessary, would ultimately be followed by legal action.

Special Resolutions
Matters such as changes to the body corporate rules, major repairs or improvements to the common property, removal or appointment of managing agents, or legal claims need to be passed by a special resolution.

In order to pass a special resolution, a majority of not less than three fourths of the votes are required of the number of members of the body corporate. In some cases, a special resolution can also be agreed to in writing by no less than 75 percent of all the members of the body corporate.

Levies
Monthly levies are payable on sectional title units. The levy normally covers the following expenses:

  • Municipal rates and taxes
  • Insurance against all risks
  • Electricity and water consumption for the common property
  • Managing agent fees
  • Security
  • Salaries and wages or any employees of the body corporate
  • Garden service and maintenance
  • Swimming pool maintenance and repairs
  • Maintenance of any recreational facilities
  • Capital projects
  • Reserve fund
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What is Sectional Title

Sectional Title means ownership of title to a section in a building or complex. On purchasing a unit within a Sectional Title complex, the buyer obtains the exclusive rights to ownership of that section only, which consists of the physical apartment or unit, as well as an undivided share of the common property.

Common Property
Common property refers to all of the areas beyond the confines of the apartment or unit purchased by the sectional titleholder, which means that the common property includes entrance and exit gates,  complex roads, pathways, parking areas, storerooms, lifts and passageways, as well as any sports or recreational facilities within the complex.

All sectional titleholders have the right to freely access all common areas, with the exclusion of any specific areas designated for the exclusive use of individual owners.
Body Corporate
This includes all owners within a sectional title property who are entitled to representation regarding all matters concerning the rules of the property and administration of the common property. Matters are discussed regularly at meetings held by an elected body of Trustees as appointed by the Body Corporate at an Annual General Meeting..