Sectional Title Act Amendmets

By: TMS Pro Property Management  04-09-2013

AMENDMENTSANNEXURE 8 PRESCRIBED MANAGEMENT RULES 14 MARCH 2013

If the section is in bold, it has been deleted ( Bold=Deleted)

If the section is underlined, it has been added (Underlined =New)

7.Nominations

Nominations by owners for the election of trusteesat any annual general meeting shall be given in writing, accompanied by thewritten consent of the person nominated, so as to be received at the domiciliumof the body corporate not later than 48 hours before the meeting: Provided thattrustees are also capable of being elected by way of nominations with theconsent of the nominee given at the meeting itself should insufficient writtennominations be received to comply with rule 4 (1). Provided further that no nomination or appointment as trustee, of aperson in breach of rule 64(1) or 64(2) may be accepted.

Must be 64(a) & 64(b) –there is not 64(1) & 64(2)

(64.No Vote in Certain Circumstances

Except in cases where a special resolution orunanimous resolution is required under the Act, anowner shall not beentitled to vote at any general meeting if

(a) any contributions payable by him in respect ofhis section and his undivided share in thecommon property havenot been duly paid; or

(b) he persisted in breach of any of the conductrules referred to in section 35 (2) (b) of the Act,notwithstandingwritten warning by the trustees or managing agent to refrain from breachingsuch rule: Providedthat any mortgagee shall be entitled to vote as such owner's proxy at anygeneral meeting, eventhough paragraph (a) or the aforegoing provisions of this paragraphmayapplyto such owner.)

 13. Disqualification

A trustee shall cease to hold office as such

(a) if by notice in writing to the body corporatehe resigns his office;

(b) if he is or becomes of unsound mind;

(c) if he surrenders his estate as insolvent, orhis estate is sequestrated;

(d) if he is convicted of an offence whichinvolves dishonesty;

(e) if by resolution of a general meeting of thebody corporate, he is removed from his office,

provided that the intention tovote upon the removal from office has been specified in the

notice convening the meeting;

(f) if he is or becomes disqualified in terms ofsection 218 or 219 of the Companies Act, 1973,

from being appointed or acting as a director of acompany.                                                               

                                                                                                          Continueon Pg 2

(g) if he is in arrears for more than 60 days with any levies andcontributions payable by him in respect of his unit or exclusive use area (ifany) and if he fails to bring such arrears up to date within 7 days of beingnotified to do so.

31.Liability in Terms of Sections 37 (1) and 47 of the Act

(1) The liability of owners to make contributions,and the proportions in which the owners shall make contributions for thepurposes of section 37 (1) of the Act, or may in terms of section 47 of the Actbe held liable for the payment of a judgment debt of the body corporate, shallwith effect from the date upon which the body corporate comes into being, beborne by the owners in accordance with a determination made in terms of section32 (4) of the Act, or in the absence of such determination, in accordance withthe participation quotas attaching to their respective sections.

(2) At every annual general meeting the bodycorporate shall approve, with or without amendment, the estimate of income andexpenditure referred to in rule 36, and shall determine the amount estimated tobe required to be levied upon the owners during the ensuing financial year.

(2A) Where the financial year-end and the annualgeneral meeting of a body corporate do not coincide, the budget shall coincidewith the financial year of the scheme.

(3)Within fourteen days after each annual general meeting the trustees shalladvise each owner in writing of the amount payable by him or her in respect ofthe estimate referred to in sub rule (2), whereupon such amount shall becomepayable in installments, as determined by the trustees.

(4A) after the expiry of a financial year and untilthey become liable for contributions in respect of the ensuing financial year,owners are liable for contributions in the same amounts and payable in the sameinstallments as were due and payable by them during the expired financial year:provided that the trustees may, if they consider it necessary and by writtennotice to the owners, increase the contributions due by the owners by a maximumof 10 per cent to take account of the anticipated increased liabilities of thebody corporate.3

 

4(B) The trustees may from time to time, when necessary, makespecial levies upon the owners or call upon them to make special contributionsin respect of all such expenses as are mentioned in rule 31(1) above (which arenot included in any estimates made in terms of rule 32(2) above), and suchlevies and contributions may be made payable in one sum or by such instalmentsand at such time or times as the trustees shall think fit.

(5) An owner shall be liable for and pay all legalcosts, including costs as between attorney and client, collection commission,expenses and charges incurred by the body corporate in obtaining the recoveryof arrear levies, or any other arrear amounts due and owing by such owner tothe body corporate, or in enforcing compliance with these rules, the conductrules or the Act.  (6) Thetrustees shall be entitled to charge interest on arrear amounts at such rate asthey may from time to time determine.

 


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