Get answers to common questions

A complex is the most aptly named thing in the world. Not only does it relate to the environment you live in, it describes the management of it perfectly.  

Casper du Plessis

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Who is responsable for what in a complex
  • Trustees

    In short, they are tasked with all day-to-day management and decision making.
    This includes what contractors to use, approval of maintenance work, approval of payments. Arranging the AGM, preparing and presenting a budget. Acting on conduct rule infringements. Maintaining the common property.

    Their full list of tasks can be found in the Sectional Titles Schemes Management Act

  • Owners

    Scheme owners within a community bear essential responsibilities outlined by the homeowners' association or management company, encompassing adherence to established rules, timely financial contributions for shared expenses and facilities upkeep, maintaining individual properties according to community guidelines, active participation in meetings and decision-making, respectful use of common areas, open communication for conflict resolution, adherence to legal requirements, maintaining proper insurance coverage, and fostering a harmonious community environment. Active engagement and compliance with these responsibilities ensure a well-managed and pleasant living environment for all residents within the community scheme.

  • Management Agent

    A managing agent is appointed to assist the trustees in their tasks. Their tasks are mainly, administrative, financial and advisory. While these tasks can differ from agent to agent and from building to building the core remains the same.

    Normally the agent does the book keeping and sends out the monthly levy statements. They serve as a central point of communication. They also keep the records of the scheme.

    What a management may not do, is make decisions on behalf of the Trustees or the Body Corproate.

What do all these terms mean?
  • Trustee

    A trustee in a sectional title scheme is an individual who manages the specific scheme along with other trustees. The trustees of a body corporate are supposed to act in this capacity voluntarily and in the interests of the scheme at all times.

    In short, Trustees are elected annually at the AGM of the scheme.  .

  • Body Corporate

    This is the body that is formed by ALL homeowners. A Body Corporate is a legal entity that manages shared areas and facilities within a property development, overseeing maintenance, rules, and finances for the collective benefit of all property owners or residents.

  • Common Property

    Common property refers to areas, spaces, or facilities within a real estate development that are collectively owned or shared by multiple property owners or residents. It typically includes spaces accessible to and used by all residents or owners within a housing complex, condominium, or community scheme. Examples of common property can include corridors, lobbies, elevators, gardens, parking areas, swimming pools, gymnasiums, and shared utilities.

    Ownership of common property is not attributed to any single individual but is held collectively by a Body Corporate or homeowners' association, representing all the owners or residents within the development. Maintenance, management, and decision-making regarding the use and upkeep of these shared areas are governed by the established rules, regulations, and agreements of the property's governing body.

    Owners or residents usually contribute financially through levies or fees to cover the costs of maintenance, repairs, insurance, and other expenses related to the common property.

  • Managing Agents

    This is an external person or company, appointed by the Trustees.  Thir function in short is to assist the Trustees in the day-to-day running of the scheme. Managing Agents have no authority to make decisions, they act on the instructions and directions of the Trustees.

    A common misconception is that Managing agents act on their own. They have no authority towards decision making. This is made clear in Section 28(5)(b) Sectional Titles Schemes Management Act