Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)11. Effect of quotas and variation thereof |
| a) | the value of the vote of the owner of the section, in any case where the vote is to be reckoned in value; |
| b) | the undivided share in the common property of the owner of the section; and |
| c) | subject to section 3(1)(b), the proportion in which the owner of the section must make contributions for the purposes of section 3(1)(a) or may in terms of section 14 (1) be held liable for the payment of a judgment debt of the body corporate of which he or she is a member. |
| 2) |
| a) | Subject to section 3(1)(b), the developer may, when submitting an application for the opening of a sectional title register in terms of the Sectional Titles Act, or the members of the body corporate may by special resolution, make rules under section 10 by which a different value is attached to the vote of the owner of any section, or the liability of the owner of any section to make contributions for the purposes of section 3(1)(a) or 14(1) is modified. |
| b) | Where an owner is adversely affected by such a decision of the body corporate, his or her prior written consent must be obtained. |
| c) | The members of the body corporate may not make rules by which a different value is attached to the vote or liability of the owner of any section as contemplated in paragraph (a) until such time as there are owners, other than the developer, of at least 30 per cent of the units in the scheme. |
| d) | Where the developer alienates a unit before the opening of a sectional title register in terms of the Sectional Titles Act, the developer may not make rules by which a different value is attached to the vote or liability of the owner of any section as contemplated in paragraph (a), unless the developer has disclosed such intention in all deeds of alienation. |
