RESTRICTIONS IMPOSED ON TRUSTEES UNDER SECTION 39(1)

The body corporate (all the owners) may impose restrictions or give directions to the trustees at a general meeting. This is usually issued at the Annual General Meeting, as it has to be included in the agenda of the Annual General Meeting.

Owners should bear in mind that imposing excessive restrictions upon trustees will limit their effectiveness.

This section is popularly used to impose financial restrictions on the trustees. For example that the trustees may spend a specified amount of money without referring the matter to the whole body corporate.

Interestingly enough the members of the body corporate can also use this section to give a direction to the trustees. This may include investigating the excessive water charges, removing annoying trees, replacing eroded gutters, employing and supervising a gardener or caretaker etc.