Changes to ST design & common areas

22 Aug 2013

A Property24 reader asks:

A Property24 reader asks what the required percentage is for voting on changes to a scheme's design and common areas.

According to the Sectional Title Act, what is the required percentage (all owners) for a quorum to decide on changes to existing architectural design or to extend communal areas?

Phil Calothi, owner and Managing Director of a leading Cape Town based managing agent company, Land and Sea Development Services (Pty) Ltd, advises:

In my opinion, the trustees will require a unanimous resolution of the members of the body corporate to change the architectural theme of the scheme or to make changes to the common property.

A unanimous resolution can only be adopted at a general meeting of members if at least 80 percent of the registered members are legally present in person or by proxy and they all vote in favour of the resolution.

At least 30 days' clear notice of the meeting with full details of the causes and effects of the proposed resolution must be given.

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About the Author

Phil Calothi

Phil Calothi is the owner and Managing Director of a leading Cape Town property management company, Land and Sea Development Services (www.lsds.co.za).