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Improvements To A Sectional Title Scheme

Category Legal Thought of the Week

The trustees of a body corporate may decide to add an improvement to the scheme’s common property, or to remove it. Different rules apply, depending on whether the improvement is considered to be “luxurious” (for example a swimming pool) or “non-luxurious”(for example a security gate).

Luxurious improvements may only be effected if they are authorised by a unanimous resolution of all owners.

On the other hand, in order to effect a non-luxurious improvement, the trustees must give at least 30 days’ notice to all owners of the intended improvement, detailing the costs, financing, need and desirability thereof. If a special general meeting is then requested by the owners, a special resolution must be passed to authorise the intended non-luxurious improvement. If no meeting is requested, the trustees may proceed.

 

Source  -  STBB Attorneys

Author: STBB

Submitted 13 Apr 16 / Views 3492

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