These Regulations include the prescribed Management Rules and the Prescribed Conduct Rules.
In the Government Gazette of the 30th of June 2015 some important amendments were made to the Prescribed Management Rules. These amendments come into effect on the 30th of July and I would like to discuss these with you today:
- MANAGEMENT RULE 15(5)
Until now unit-owners had the right to attend and speak at Trustees meetings. The only thing they could not do was vote at Trustees meetings.
As from 30 July 2015 owners can only attend and speak at Trustees meetings by invitation! (They still can’t vote).
No doubt this amendment has been put in because sometimes some owners attend meetings on purpose with the aim of causing disruptions. Now a unit-owner can ask to be invited to a Trustees meeting if he wants to address an issue of concern to him.
- MANAGEMENT RULE 7
It has been the case for a very long time that unit-owners who are in arrears with their levies or who are in persistent breach of the Rules of the scheme cannot vote at a General Meeting of owners (as long as no unanimous or special resolution is not being voted on).
Now Rule 7 has been amended to state that owners who are in breach of the Rules or in arrears with their levies may not nominate Trustees or be nominated as Trustees.
- MANAGEMENT RULE 31 (4Aa)
The Trustees may, by written notice, increase the levies payable by a maximum of 10% (excluding capital expenditure) at the end of the financial year but the increase must be ratified or changed by the members at the AGM when approving the income and expenditure for the year.
- MANAGEMENT RULE 70
The amendment to Management Rule 70 covers the situation where an owner fails to repair or adequately maintain any improvement on any area of the common property allocated for his or her exclusive use.
In this instance the Trustees can give the owner 30 days to do the repairs and maintenance. If the owner has still not done anything after the period of thirty days has passed the body corporate can do the repairs and maintenance and recover the reasonable cost of doing so from the owner, unless the body corporate is already collecting a contribution from the owner to maintain and repair the exclusive use areas and the improvements on the e.u.a’s.
If you have any questions on the above amendments please don’t hesitate to call us.
CONTACT JONTY at jleon@ibalaw.co.za OR KAREN at kbleijs@ibalaw.co.za
