Amended rules – your obligations now – By Ané de Klerk


Once a body corporate has passed the relevant resolutions, submitted their amended rules to the Community Schemes Ombud Service and received that all-important certificate of approval from the Chief Ombud, they tend to rejoice that the cumbersome process has come to an end and consider the matter finalised.

It is important to note however, that the body corporate still has certain important obligations when it comes to these rules. They are not simply to be filed and forgotten. The Sectional Titles Schemes Management Act obliges bodies corporate to do certain specific things with these rules. They have to:

•  Deliver a copy of the amended rules to every owner
Once the Chief Ombud has issued the certificate approving the amendments, the trustees have to deliver a copy of these rules to anyone who owns a section in the scheme at the time.

•  Keep a copy of the rules
This one might seem rather obvious, but it is unsettling to hear how many managing agents and trustees do not have a copy of their updated set of rules on file. If copies are kept, they are often outdated. It is advisable to keep both hard copies and electronic copies of rules for easy access and safety purposes.

• Have a copy of the rules at meetings
Copies of the updated management and conduct rules must be readily available for inspection at the scheme’s annual general meetings, special general meetings and trustee meetings.

• Deliver a copy of the rules to each new owner or occupier
Going forward, the body corporate has an obligation to deliver the updated rules to anyone who takes transfer of a unit in the scheme, as well as any new tenants. (This applies to both long and short term tenants.)

• Deliver a copy of the rules to any owner or person authorised in writing by the owner
It is important to note that the body corporate is not only obliged to deliver a copy of the rules to the owners of sections in the scheme, but also to anyone authorised in writing to request such copy from the body corporate. Common examples of those who could be authorised to request and receive such copies include estate agents, attorneys and family members of the owners.

Should you require any assistance with the drafting of proposed amendments to your conduct or management rules, the process to obtain the necessary authorisation to affect such amendments or the steps to be taken thereafter, email and we will be in touch with a no obligation quotation.

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