Page 34 - Nexia SAB&T Property & Tax Guide 2022

trustees and members. Conduct rules exist to regulate the behaviour of owners and occupiers,
setting out their rights and in their use of sections and the common property – for example,
rules relating to the keeping of animals, reptiles and birds, refuse and waste disposal, vehicles,
damage to common property, storage of flammable materials and eradication of pests.

TRUSTEES OF THE BODY CORPORATE
The functions and powers of the body corporate must, (subject to the provisions of the Act,
the Rules and any restriction imposed or direction given at a general meeting of the owners
of sections), be performed and exercised by the trustees of the body corporate, holding office
in terms of the Rules.
GOVERNANCE DOCUMENTATION REQUIREMENTS FOR SECTIONAL TITLE SCHEMES
The Management Rules may be amended, added to, repealed, or substituted, as follows:
By the developer (when applying to By the body corporate
open a sectional title register)
subject to the approval of the Chief Ombud, by unanimous resolution provided that at
and provided they are not inconsistent with such time there are owners (other than the
any other Management Rule, developer) of at least 30% of the units in the
scheme (subject to certain exceptions).
Conduct Rules may be substituted, added to, amended or repealed by special resolution
of the body corporate (provided that such Conduct Rules may not be irreconcilable with any
prescribed Management Rule).
Unanimous resolution Special resolution
Means a resolution – Means a resolution –
(a) passed unanimously by all the members (a) passed by at least 75% calculated both
of the body corporate at a meeting at in value and in number, of the votes of
which (i) at least 80% calculated both in the members of a body corporate who
value and in number, of the votes of all are represented at a general meeting,
of the members of a body corporate are OR
present or represented, and (ii) all the (b) agreed to in writing by members of a
members who cast their votes do so in body corporate holding at least 75%
favour of the resolution, OR calculated both in value and in number,
(b) agreed to in writing by all the members of all the votes.
of the body corporate.
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