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

Regulations

Sectional Titles Schemes Management Regulations, 2016

Annexures

Annexure 1 : Management rules

Part 1 : Introductory

2. Interpretation

 

(1) In the interpretation of these rules, unless the context indicates otherwise —
(a) "adjudicator"

means an adjudicator acting in terms of the Community Schemes Ombud Service Act, 2011 (Act No. 9 of 2011);

(b) "administrator"

means an administrator appointed in terms of section 16 of the Act;

(c) "auditor"

means a person accredited to perform an audit in terms of the Auditing Professions Act, 2005 (Act No. 26 of 2005);

(d) "Community Schemes Ombud Service"

means the service established in terms of the Community Scheme Ombud Service Act, 2011 (Act No. 9 of 2011);

(e)        "estimated cost"

for the purposes of rule 22, means the estimated cost to maintain, repair or replace a major capital item;

(f) "expected life",

for the purposes of rule 22, means the estimated number of years before it is expected that the cost of maintenance, repair or replacement of a major capital item will be incurred;

(g) "executive managing agent"

means a managing agent appointed to carry out all the functions and powers of the trustees in terms of rule 28;

(h) "future development right"

means a right to extend the scheme in terms of section 25 of the Sectional Titles Act;

(i) "major capital item"

for the purposes of rule 22, means wiring, lighting and electrical systems, plumbing, drainage and storm-water systems, heating and cooling systems, any lifts, any carpeting and furnishings, roofing, interior and exterior painting and waterproofing, communication and service supply systems, parking facilities, roadways and paved areas, security systems and facilities and any other community and recreational facilities;

(j)        "managing agent"

means any person who provides scheme management services to a body corporate for reward, whether monetary or otherwise, including any person who is employed to render such services;

(k)        "member"

means a member of the body corporate;

(l) "past contribution",

for the purposes of rule 22, means the funds in the reserve fund of the body corporate in respect of the estimated cost;

(m)        "primary section"

means a section designed to be used for human occupation as a residence, office, shop, factory or for any other type of use allowed in terms of local municipal by-laws, not being a utility section;

(n) "registered auditor"

means a person as defined in terms of the Auditing Professions Act, 20015((Act No. 26 of 2005);

(o) "registered bondholder"

means the holder of a mortgage bond of whom the body corporate has been notified in terms of section 13(1)(f) of the Act;

(p) "reserve funds"

means an amount set aside by the body corporate to meet the unexpected costs that may arise in future, including future cost of maintenance;

(q) "Sectional Titles Act"

means the Sectional Titles Act, 1986, (Act No. 95 of 1986), as amended;

(r)        "service address"

means the service address of a member or the body corporate in terms of rule 4; and

(s)        "the Act"

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

(t)        "utility section"

means a section which, in terms of local municipality bylaws, is designed to be used as an accessory to a primary section, such as a bathroom, toilet, storeroom, workshop, shed, servant's quarters, parking garage, parking bay or other utility area, not being a primary section.

 

 

(2) In the interpretation of these rules—
(a) words and expressions to which a meaning has been assigned in the Act or its regulations, bear those meanings;
(b) words importing—
(i) the singular must be interpreted to include the plural, and the plural to include the singular; and
(ii) any one gender must be interpreted to include all other genders; and
(c) the headings of rules must not be taken into account.