Special Investigating Units and Special Tribunals Act, 1996
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)RegulationsSectional Titles Schemes Management Regulations, 2016AnnexuresAnnexure 1 : Management rulesPart 4 : Owner Meetings20. Voting and representatives |
| (1) | A motion at a general meeting — |
| (a) | does not need to be seconded; and |
| (b) | except for a special or unanimous resolution, must be adopted by resolution of the majority of the votes, calculated in value, of the members present and voting. |
| (2) | Except for special and unanimous resolutions, a member is not entitled to vote if— |
| (a) | a member fails or refuses to pay the body corporate any amount due by that member after a court or adjudicator has given a judgment or order for payment of that amount; or |
| (b) | that member persists in the breach of any of the conduct rules of the scheme referred to in section 10(2)(b) of the Act after a court or an adjudicator has ordered that member to refrain from breaching such rule. |
| (3) | For the purposes of any vote, the values of votes of any sections registered in the name of the body corporate are considered abstentions. |
| (4) | Where a member is as such a trustee for a beneficiary, that member exercises voting rights to the exclusion of persons beneficially interested in the trust and such persons are not entitled to vote. |
| (5) | A member's appointment of a proxy in terms of section 6(5) of the Act and the proxy's acceptance of the mandate must, except in the case of an appointment in a mortgage bond, be substantially in the prescribed form and must be— |
| (a) | delivered to the body corporate 48 hours before the time of the meeting; or |
| (b) | handed to the chairperson before or at the start of the meeting. |
| (6) | A proxy need not be a member, but must not be the managing agent or an employee of the managing agent or the body corporate. |
| (7) | When two or more persons are entitled to exercise one vote jointly, that vote may be exercised only by one person, who may or may not be one of them, jointly appointed by them as their proxy. |
| (8) | The outcome of each vote, including the number of votes for and against the resolution, must be announced by the chairperson and recorded in the minutes of the meeting. |
| (9) | If a special resolution is passed at a general meeting by members holding less than 50 per cent of the total value of all members' votes— |
| (a) | the body corporate must not take any action to implement that resolution for one week after the meeting, unless the trustees resolve that there are reasonable grounds to believe that immediate action is necessary to ensure safety or prevent significant loss or damage to the scheme; and |
| (b) | within seven days from a resolution referred to in sub-rule 9(a), members holding at least 25 per cent of the total votes of all members in value may, by written and signed request delivered to the body corporate, require that the body corporate hold a special general meeting to reconsider the resolution. |
| (10) | If a demand referred to in sub-rule (9)(b) is delivered to the body corporate, the trustees must not implement the resolution unless— |
| (a) | it is again passed by special resolution; or |
| (b) | a quorum is not present within 30 minutes of the time set for the meeting. |
