Own­ers en­ti­tled to min­utes

Weekend Argus (Saturday Edition) - - PROPERTY -

TRUSTEES are obliged to give sec­tional ti­tle own­ers ac­cess to min­utes of meet­ings – if they want them – and to al­low own­ers to at­tend trus­tee meet­ings

Al­though many own­ers of sec­tional ti­tle units take min­i­mal in­ter­est in the ac­tions and de­ci­sions of their bodies cor­po­rate, there will al­ways be some who will re­sent not be­ing in­formed. In th­ese cir­cum­stances, sus­pi­cions and al­le­ga­tions, true or false, tend to pro­lif­er­ate.

Michael Bauer, gen­eral man­ager of IHFM Prop­erty Man­age­ment com­pany, says there is a sim­ple so­lu­tion: own­ers should ask the trustees for copies of their min­utes.

“In terms of the legally bind­ing pre­scribed man­age­ment rule No 34, trustees have to make min­utes of their pro­ceed­ings and of the body cor­po­rate avail­able to any of their own­ers or mort­gagees,” says Bauer.

“Pre­scribed man­age­ment rule 15 (5) stip­u­lates that own­ers are also en­ti­tled to at­tend any trus­tee meet­ings and to ask ques­tions, al­though they are not al­lowed to vote.”

He says own­ers some­times dis­cover that the trustees’ meet­ings are not be­ing held as reg­u­larly as spec­i­fied, or even that min­utes are not be­ing kept. It may tran­spire that is­sues per­tain­ing to the scheme are not be­ing tracked and mon­i­tored by the trustees and that the manag­ing agents are not ful­fill­ing their du­ties, or that they are not re­ceiv­ing full co­op­er­a­tion from the trustees.

“Trustees are re­quired by law to keep min­utes of their pro­ceed­ings, record­ing all spe­cial reso­lu­tions and reso­lu­tions taken,” says Bauer.

Call Michael Bauer on 083 255 4442.

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