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Consent for improvements in scheme a must

Category Advice

Various improvements are effected to sectional title schemes from time to time. Due to the cost aspect to owners, the Sectional Titles Act differentiates between luxurious (desirable, not necessary) and non-luxurious (necessary and useful) improvements to the common property and ascribes different levels of consent for each.
It works as follows:

  • for luxurious improvements, the unanimous resolution of the body corporate is required;
  • for non-luxurious improvements, the trustees must give 30 days notice to all owners, indicating what the intended improvement is, its cost and financing, as well as the need and desirability thereof. Owners disagreeing with the proposal, may request a special general meeting to be held. If no meeting is requested within the period, the trustees may proceed. If a meeting was requested, then the trustees may only proceed if it is authorized at the meeting by a special resolution.

Article courtesy of www.stbb.co.za

Author: Smith Tabata Buchanan Boyes

Submitted 05 Aug 15 / Views 3873