It appears as if the report above published in the Roodepoort Record of 20 March 2009 reflects a fair amount of ignorance. The Sectional Title Act is intended to protect the rights of owners, not tenants. A tenant is a person or group that rents, occupies, inhabits or hold or possession of land, house, flat or office; that belongs to another; for a period of time; usually for rent. All the owners of a sectional title scheme, together forms the body corporate of the scheme. The body corporate elects trustees at the annual general meeting (AGM), which is a statutory prerequisite. At the AGM the owners may, through majority vote, place restrictions on the owners or give directives. The owners effectively transfer their responsibility to manage the collective affairs to the trustees.
Any trustee may at any time call a meeting of the trustees, but must give proper notice. Any owner may attend the meeting of trustees to speak, but may not vote. If 25% of the owners were to request a special general meeting (SGM) of the body corporate the trustees are obliged to arrange such. If the trustees fail the 25% may proceed, but must adhere to prescribed procedure to arrange the meeting.
The building of parking spaces represents an improvement—which is probably a luxury improvement—which requires both a unanimous resolution by the owners and the necessary approval of the authorities.
Owners should familiarise themselves with the relevant parts of the Sectional Title Act, the relevant Regulations, but most importantly the Management & Conduct Rules of scheme(s) within which they own units. Owners should further attend the meeting of their scheme and exercise their voting power. A sectional scheme is governed on democratic principles. Disputes are determined through arbitration, not necessary civil litigation.
Revised 17 May 2010