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Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)

12. Expropriation of common property



a) Whenever the whole or any part of, or any right in, the common property is expropriated in terms of any law, service of a notice of expropriation on the body corporate is considered to be service thereof on the registered owner of every section in the building or buildings concerned.
b) Each and every such owner is considered to have appointed the trustees of the body corporate concerned as his or her duly authorised agents and representatives—
i) to negotiate and settle the compensation payable to him or her, and to that end to employ attorneys, advocates and other experts; and
ii) on his or her behalf, to receive and give valid acquittance for any compensation moneys paid.


2) Any compensation moneys received by the trustees on behalf of the owners in terms of subsection (1), must be paid to the owners in accordance with their participation quotas after they have received notice of such distribution in writing: Provided that an owner may notify the trustees within 30 days of receipt of such notice but before such moneys are so distributed that he or she considers such a distribution inequitable, in which event the compensation moneys must be distributed—
a) in accordance with a distribution approved by unanimous resolution; or
b) in accordance with a distribution determined on application to an ombud.