How can directions or restrictions be placed on trustees?

The increased quorum requirement of 80% vs. 33.3% and the inability to table such a resolution at an adjourned annual or special general meeting—which still requires the elevated quorum requirement—make it nearly impossible to obtain a unanimous resolution for the majority of Sectional Title Schemes.

At an annual or special general meeting, there is no way to reach such a unanimous decision with fewer members in attendance in person or represented by a proxy.

A request for consideration and approval of such a resolution may be made to the Community Schemes Ombud Service ("the CSOS") in accordance with section 6(9) of the Sectional Titles Schemes Management Act ("the STSMA"). The needed written permission of each owner inside the scheme is subject to the CSOS procedure.

In this episode of Fitzanne's Property Exchange, Pearl Scheltema talks to Zerlinda Van der Merwe, co-founder of TVDM Consultants about this challenge.
22 Aug 2022 English South Africa Business

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