Page 25 - Robin Twaddle PTG 2017 Digital

THE SECTIONAL TITLES SCHEMES MANAGEMENT ACT 8 OF 2011,
AND REGULATIONS

The following persons/groups of persons involved in Sectional Title Schemes are defined in
the STSMA as follows:

Developer The Body Corporate

Owner A person who is the registered owner of land situated within the area of
Trustee jurisdiction of a local municipality, on which is situated or be erected a building
or buildings which he or she has divided or proposes to divide into two or more
sections in terms of a scheme, or his or her successor in title and includes for
the purposes of rebuilding any building that is deemed to have been destroyed
as contemplated in section 17, the body corporate concerned.

In relation to a unit or a section or an undivided share in the common property
forming part of such unit, means the person in whose name the unit is
registered at a deeds registry in terms of the Sectional Titles Act (and includes,
inter alia, the executor of a deceased estate of a deceased owner).

All the members (owners) are trustees from the establishment of the body
corporate until the end of the first general meeting. If a body corporate consists
of less than 4 members who are owners of primary sections, each member
or his or her representative recognised by law, is considered to be a trustee
without election to office. If a body corporate consists of more than 4 members
who are owners of primary sections, they must from time to time determine the
number of trustees to be elected in terms of the Rules.

The executives of a community scheme, including the body corporate of a Sectional Title
Scheme, may appoint Managing Agents to provide the scheme with management services
to the community scheme for reward.

Some of the more important, and newly introduced provisions of the STSMA, Regulations
and prescribed Rules include the following:

THE BODY CORPORATE

The body corporate of a Sectional Title scheme is automatically established as soon as
any person (other than the developer) becomes an owner of a unit in a scheme. At such
time the developer and such persons are the members of the body corporate, and any
person who thereafter becomes an owner of a unit in that scheme becomes a member.
The developer ceases to be a member when he or she ceases to have a share in the
common property.

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