TRUSTEES

The members of the body corporate determine the number of trustees at the Annual General Meeting. This may be any number except 1 trustee.

As long as more than 50% of the trustees are owners in the sectional title scheme, any person may be a trustee, except for the managing agent or its employees.

To become a trustee another owner must nominate the trustee in writing. This written nomination and the written consent of the person to become a trustee must be delivered to the domicilium (as agreed at the previous Annual General Meeting) 48 hours before the Annual General Meeting.

If insufficient nominations and consent for trustees is received 48 hours prior to the Annual General Meeting, then the trustees may be nominated and provide their consent at the Annual General Meeting.

An owner who is a trustee may not be remunerated for being a trustee, unless the body corporate passes a special resolution to remunerate the owner-trustee.

A trustee that is not an owner, may be remunerated as the trustees agree. No special resolution is required for this.

Trustees are not personally liable for any acts as trustees other than acts that are performed male fide or are grossly negligent. This also includes omission of acts.

Duties

Statutory and General Duties

The trustees are responsible for:

The establishment of a fund for:

• Repair, upkeep, control, management and administration of the common property. This includes a reasonable provision for future maintenance and repairs to the common property);
• Payment of rates and taxes and other local authority charges (such as refuse, water, electricity, gas, fuel etc);
• Payment of premiums of insurance;
• Any other obligation of the body corporate
• The calculation, raising and charging of the above in the form of levies and special levies (if the levies are inadequate)
• To open and operate a bank account;
• To insure the buildings and keep them insured at replacement value;
• To use any insurance money received to rebuild, reinstate or repair the damaged buildings
• To pay insurance premiums
• To maintain common property
• To comply with notices and orders from any competent authority
• To provide a list of names and addresses of the trustees of the body corporate
• To determine the domicilium citandi et executandi of the body corporate
• May appoint agents and employees
• May invest moneys received

The trustees must insure the building or buildings and all improvements to the common property at full replacement value against the following risks:

•  fire, lightning and explosion;
•  riot, civil commotion, strikes, lock-outs, labour disturbances or malicious persons acting on behalf of or in connection with political organization;
•  storm, tempest and flood;
•  earthquake;
•  aircraft and other aerial devices or articles dropped therefrom;
•  bursting or overflowing of water tanks, apparatus or pipes;
•  impact with any of the schemes buildings or improvements by any road vehicle, horses or cattle;
•  housebreaking or any attempt thereat; and
•  loss of occupation or loss of rent in respect of any of the above risks;

The trustees must prepare an estimate of income and expenditure and estimate the amount of levies for the following financial year. This schedule must be approved at the Annual General Meeting.

After 14 days of the Annual General Meeting the trustees must advise each owner in writing of the levies to be paid for the following financial year.

The trustees may charge owners interest on amounts that are in arrears.

Rules

The trustees must have a copy of all the rules in force

The trustees must provide a copy to the following if they request it:

• an owner;
• an occupant of a unit;
• a prospective purchaser of a unit;
• a holder of any registered sectional mortgage bond;
• the managing agent; and
• the auditor or the accounting officer.

The trustees may charge a reasonable fee for a copy of the conduct rules.

Improvements

The trustees may effect luxurious improvements to the common property. These improvements must be authorized by a special resolution.

The trustees may effect non-luxurious improvements to the common property. 30 days written notice must be given to all the owners within a sectional title scheme before the improvements are to be done. The following details of the improvements must be included in the notice:

• the costs thereof;
• the manner in which they will be financed and the effect on the levies; and
• the need desirability and effect thereof.

One exception to this is the installation of individual water, electricity and gas meters. This requires the written request of the majority of the owners of a sectional title scheme.

Minutes  

The trustees shall ensure that minutes are kept of all the meetings of the body corporate. The minute books must be kept from the first meeting of the body corporate to the current date. The minutes of the body corporate must include all the unanimous resolutions, special resolutions and other resolutions taken by the body corporate.

The trustees must also make the minutes available to any owner on written request:

Minute books must be retained as long as the scheme remains registered.

Books of account and records  

The trustees must ensure that proper books of accounts and records are maintained to explain the transactions and financial position of the body corporate. These must include:

• a record of assets and liabilities (a balance sheet)
• a record of all monies received and expended (cash book)
• a register of owners and their addresses, and registered mortgagees of units.
• individual ledger accounts in respect of each owner.

These books of accounts and records must be retained for six years.

The trustees must make any or all the books of accounts available to the following on request:

• any owner
• registered mortgagee
• managing agent

Annual financial estimate, financial statement and report

The trustees must ensure that the following is prepared, delivered to the owners 14 days prior to the Annual General Meeting and presented at the Annual General Meeting:

• a budget. This budget should include a reasonable provision for contingencies;
• Annual Financial Statements; and
• Signed Chairman's report. The Chairman's report should include a review of the affairs of the body corporate for the past year.

Audit  

The trustees should ensure that the body corporate appoints an auditor at every Annual General Meeting.

For any sectional title scheme of less than 10 units an accounting officer may be appointed instead of an auditor.

Deposit and investment of funds  

The trustees must ensure that all money received by the body corporate are deposited into a bank account with the body's corporate name. Money may only be paid from this account for the purposes of paying the expenses of the body corporate.

The trustees may authorize the managing agent to utilize a trust account instead of opening a separate bank account for the body corporate.

Any funds that are not required for the immediate payment of body corporate expenses may be invested with a bank. Any interest arising from this investment may only be used for the body's corporate expenses.

No refunds or distribution of profits or assets

The trustees may not refund any levy that has been lawfully raised and paid, except in the destruction or deemed destruction of the scheme.