A Property24 reader asks:
I live in a Sectional Title complex with 50 units in Montana, Pretoria and I hope you can assist me.
A Special General Meeting has been called to "rezone" our gardens inside units to exclusive use. Also to allocate exclusive room / space for each unit to erect a carport should they wish to. They also intend to have alterations to the old rules of conduct approved at this meeting.
They have informed me that only 20% attendance is required to pass these resolutions.
This seems strange to me as these are enormous decisions. I would appreciate your comments.
Phil Calothi, owner and Managing Director of the Cape Town based managing agent company, Land and Sea Development Services (Pty) Ltd, advises:
The two situations are managed differently.
In my opinion, the Trustees will require a unanimous resolution of the members of the body corporate to empower them to convert some of the common property to exclusive use areas. A unanimous resolution can only be passed at a general meeting of members if 80% of the registered members are legally present in person or by proxy and they all vote in favour of the resolution.
However, in order to make changes to the conduct rules, a special resolution will need to be adopted at a general meeting of the members. In order for a special resolution to be adopted, at least 20% of the registered members must be legally present in person or by proxy and 75% of those present must vote in favour of the special resolution.
In both of the above instances, at least 30 days clear notice of the meeting with full details of the causes and effects of the proposed resolutions must be given.
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