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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 7 : Physical Management

29. Improvements to common property

 

(1) The body corporate may on the authority of a unanimous resolution make alterations or improvements to the common property that is not reasonably necessary.

 

(2) The body corporate may propose to make alterations or improvements to the common property that are reasonably necessary; provided that no such proposal may be implemented until all members are given at least 30 days written notice with details of—
(a) the estimated costs associated with the proposed alterations or improvements;
(b) details of how the body corporate intends to meet the costs, including details of any special contributions or loans by the body corporate that will be required for this purpose; and
(c) a motivation for the proposal including drawings of the proposed alterations or improvements showing their effect and a motivation of the need for them;

and if during this notice period any member in writing to the body corporate requests a general meeting to discuss the proposal, the proposal must not be  implemented unless it is approved, with or without amendment, by a special resolution adopted at a general meeting.

 

(3) A body corporate must, if so directed by a resolution of members—
(a) install and maintain separate meters to measure the supply of electricity, water, gas or the supply of any other service to each member's sections and exclusive use areas and to the common property; and
(b) recover from members the cost of such supplies to sections and exclusive use areas based on the metered supply.

 

(4) A body corporate may on the authority of a special resolution install separate pre-payment meters on the common property to control the supply of water or electricity to a section or exclusive use area; provided that all members and occupiers of sections must be given at least 60 days notice of the proposed resolution with details of all costs associated with the installation of the pre-payment system and its estimated effect on the cost of the services over the next three years.

 

(5) If a pre-payment system referred to in sub-rule (4) is installed—
(a) the body corporate is responsible to ensure that the system does not infringe on the constitutional rights of section occupiers to access basic services; and
(b) any member who leases a unit to a tenant is responsible to ensure that the system does not infringe the rights of the tenant in terms of the Rental Housing Act, 1999 (Act No. 50 of 1999), or any other law.