Special Investigating Units and Special Tribunals Act, 1996
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)2. Bodies corporate |
| 1) | With effect from the date on which any person other than the developer becomes an owner of a unit in a scheme, there shall be deemed to be established for that scheme a body corporate of which the developer and such person are members, and any person who thereafter becomes an owner of a unit in that scheme is a member of that body corporate. |
| 2) | The developer ceases to be a member of the body corporate when he or she ceases to have a share in the common property as contemplated in section 34(2) of the Sectional Titles Act. |
| 3) | Any other member of the body corporate ceases to be a member thereof when such member ceases to be the owner of a unit in the scheme in question. |
| 4) | The body corporate must be designated as the ‘‘Body Corporate’’ and must have the name and number contemplated in sections 5(3)(b) and 12(1)(a) of the Sectional Titles Act, respectively. |
| 5) | The body corporate is, subject to the provisions of this Act, responsible for the enforcement of the rules and for the control, administration and management of the common property for the benefit of all owners. |
| 6) | The provisions of the Companies Act, 2008 (Act No. 71 of 2008), do not apply in relation to the body corporate. |
| 7) | The body corporate has perpetual succession and is capable of suing and of being sued in its corporate name in respect of— |
| a) | any contract entered into by the body corporate; |
| b) | any damage to the common property; |
| c) | any matter in connection with the land or building for which the body corporate is liable or for which the owners are jointly liable; |
| d) | any matter arising out of the exercise of any of its powers or the performance or non-performance of any of its duties under this Act or any rule; and |
| e) | any claim against the developer in respect of the scheme if so determined by special resolution. |
| 8) |
| a) | A developer must convene a meeting of the members of the body corporate not more than 60 days after the establishment of the body corporate. |
| b) | The agenda for the meeting is as prescribed in the management rules for the meeting. |
| c) | At such meeting the developer must furnish the members with— |
| i) | a copy of the sectional plan; |
| ii) | a certificate from the local authority to the effect that all rates due by the developer up to the date of the establishment of the body corporate have been paid; and |
| iii) | proof of revenue and expenditure concerning the management of the scheme from the date of the first occupation of any unit until the date of the establishment of the body corporate. |
| 9) | The developer must pay over to the body corporate any residue referred to in subsection (8)(c)(iii). |
| 10) | A developer who fails to comply with subsections (8) and (9) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. |
| 11) | The developer must promptly on demand pay any moneys due in terms of section 3(1)(c) to the body corporate. |
| 12) | Any reference in any law or document to a body corporate established in terms of the Sectional Titles Act must, after the commencement of this Act, be constructed as a reference to a ‘‘body corporate’’ referred to in section 2 of this Act. |
