A reader has asked the Property Poser experts to clarify the rules regarding the appointment of trustees in a sectional title complex.
Firstly, he would like to know whether more than one trustee may be appointed from a single unit, as in the case of a husband and wife, and, secondly, whether they would be allowed to nominate each other for the position.
According to Stiaan Jonker of Smith Tabata Attorneys in Port Elizabeth, the fiduciary relationship between the trustee and body corporate has been set out in the provisions of the Sectional Titles Act and its regulations.
“These provisions have been adopted by the Sectional Titles Schemes Management Act, which has been signed into law but is still to be proclaimed effective.”
Jonker says the Management Rules, which regulate the appointment of trustees, stipulate that he or she is not required to be an owner or the nominee of a juristic owner to qualify for office.
“The only proviso is that the majority of trustees must be owners or spouses of owners, and the managing agent or an employee of the managing agent may not be a trustee unless he or she is an owner.”
Subject to formal appointment by the general meeting, Jonker says it is unlikely that the selection of two trustees from a single unit would be challenged.
“Likewise, the cross-nominations, while a little unusual, are fine as the appointment of either or both is still subject to formal approval by the general