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Sunday, 13 July 2025

What are the responsibilities of trustees in a sectional title scheme

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Here’s an in-depth elaboration on each responsibility trustees have in a South African sectional title scheme, along with key legal obligations and practical insights.


1️⃣ Financial Management

  • Budget Preparation: Trustees must prepare a detailed annual budget that covers operational costs, maintenance, insurance, security, staff salaries, and more.
  • Levy Collection: They must ensure that levies (monthly payments by owners) are calculated fairly and collected consistently.
  • Financial Records: Trustees must maintain accurate accounting records of income, expenditure, assets, and liabilities.
  • Audit Requirements: Financials must be audited annually or examined as required by the body corporate rules.
  • Reserve Fund: As per the STSMA, trustees must establish and maintain a reserve fund to cover future maintenance costs and unexpected expenses.

2️⃣ Maintenance and Repairs

  • Trustees must proactively maintain the common property to ensure safety, functionality, and aesthetic standards.
  • Responsible for:
    • Day-to-day maintenance (e.g., cleaning, gardening).
    • Emergency repairs (e.g., broken gates, water leaks).
    • Long-term repairs and upgrades (e.g., repainting, resurfacing roads).
  • Implementation of the 10-Year Maintenance, Repair & Replacement Plan (MRRP) is mandatory. This plan forecasts what maintenance will be required and allocates funding accordingly.

3️⃣ Enforcement of Scheme Rules

  • Trustees enforce both the conduct rules (behavioral rules for residents) and management rules (rules on administration).
  • They must address:
    • Noise complaints.
    • Parking disputes.
    • Pet policies.
    • Unauthorized alterations to units.
  • Enforcement must be consistent, fair, and legally compliant, including issuing fines where allowed.

4️⃣ Insurance Responsibilities

  • The trustees must ensure that the entire building and common property are insured against:
    • Fire, storm, flood damage.
    • Public liability (claims from injuries on common property).
    • Fidelity insurance (protects against fraud by trustees or managing agents handling funds).
  • Insurance policies must be reviewed annually for adequacy.

5️⃣ Compliance and Legal Obligations

  • Ensure full compliance with:
    • Sectional Titles Schemes Management Act (STSMA).
    • Community Schemes Ombud Service Act (CSOS).
    • The scheme’s own rules.
  • Trustees must ensure that annual returns are submitted to the CSOS, including governance documentation and levy schedules.
  • They represent the body corporate in legal disputes, often with the help of attorneys or managing agents.

6️⃣ General Administration

  • AGMs: Trustees must arrange and run Annual General Meetings where:
    • Financial statements are presented.
    • Budgets are approved.
    • New trustees are elected.
  • Special General Meetings: Called for urgent matters that require owners' votes.
  • Record Keeping: Trustees must keep:
    • Updated contact lists of owners.
    • Minutes of all meetings.
    • Copies of all correspondence, contracts, and service provider agreements.
  • Communication with owners must be transparent, regular, and formalized.

7️⃣ Fiduciary Duty

  • Trustees are bound to:
    • Act in the best interest of all owners.
    • Avoid using their position for personal gain.
    • Avoid conflicts of interest and disclose if any arise.
    • Act diligently and prudently.
  • Breach of this duty can result in trustees being held personally liable for losses suffered by the body corporate.

Summary of Key Laws and Guidelines

  • Sectional Titles Schemes Management Act (STSMA)
  • Community Schemes Ombud Service (CSOS) Act
  • Prescribed Management Rules (PMRs)
  • Prescribed Conduct Rules

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