Midrand Complex Fire: Essential Guidance for Trustees to Safeguard Residents and Property

Following the recent fire at a sectional title complex in Midrand, which resulted in tragic loss of life and significant property damage, attention has turned to the legal responsibilities of trustees in ensuring the safety of both residents and the property.

According to the Sectional Titles Schemes Management Act (STSMA) No. 8 of 2011, Trustees of Sectional Title Schemes have a fiduciary duty to act in the best interest of the scheme, which includes maintaining the safety of common property and ensuring that the building complies with fire safety regulations. Failure to meet these obligations can result in legal liabilities for the trustees, especially if negligence is proven.

“Trustees are entrusted with the responsibility of maintaining not only the property’s structural integrity but also ensuring the safety of all who live in the complex,” explains Pearl Scheltema, CEO of Fitzanne Estates. “This includes ensuring that fire prevention systems are in place and that the complex is compliant with all relevant health and safety regulations.”

Scheltema’s advice emphasises the legal implications trustees face should they fail to meet these responsibilities, as well as the importance of clear emergency procedures and proper insurance to cover damages and liabilities​​.

Fire Safety Systems: The First Line of Defence

Fire safety systems like alarms, extinguishers, and sprinklers are crucial in preventing loss of life and property. Scheltema stresses that ensuring these systems are operational and compliant with legal standards is a trustee’s top priority.

“Trustees must conduct regular inspections and maintenance of all fire safety equipment. This is the foundation of a well-managed scheme and could mean the difference between a minor incident and a catastrophe,” says Scheltema.

Insurance: The Key to Financial Protection

Adequate insurance coverage is non-negotiable for any Sectional Title Scheme. Trustees should work closely with insurers to ensure policies are updated and reflect the value of the property and potential risks, including fire damage.

“Without comprehensive insurance, trustees leave their complexes vulnerable to severe financial losses. Make sure your policy covers all possible scenarios, especially fire hazards,” Scheltema advises.

Emergency Plans: A Critical Necessity

Every complex needs an actionable emergency plan that all residents understand. Trustees must coordinate with emergency services to ensure quick response times and minimal damage.

“Having a plan isn’t enough – trustees need to communicate this plan clearly and rehearse it with residents regularly,” says Scheltema. “Knowing what to do in the heat of the moment can save lives.”

Clear Communication Channels: Keeping Residents Informed

Trustees must establish efficient communication systems that keep residents informed during and after an emergency. A reliable point of contact and clear instructions is essential.

“When disaster strikes, chaos often follows. Having a clear communication strategy can significantly reduce confusion and help residents act calmly and safely,” adds Scheltema.

Disaster Recovery: Moving Forward After the Crisis

Once the immediate danger has passed, trustees must ensure swift recovery efforts, from assisting displaced residents to working with insurance providers.

“It’s critical to have a disaster recovery plan in place. Trustees should know how to start repairs, handle insurance claims, and support residents through this challenging time,” says Scheltema.

How Managing Agents Support Trustees in Meeting Legal Obligations

Managing Agents or property management professionals play a vital role in helping trustees meet their legal responsibilities. They ensure compliance with fire and safety regulations, schedule regular inspections of essential safety equipment, and manage relationships with insurers. By handling these day-to-day operations, managing agents give trustees peace of mind that their scheme is legally compliant and that they are fulfilling their fiduciary duties.

“An experienced property management agent will help trustees stay on top of critical tasks such as fire safety compliance, insurance updates, and managing emergency response plans,” says Scheltema. “They provide the expert guidance and administrative support needed to protect both the property and its residents, ensuring trustees are never left to navigate these responsibilities alone.”

With the support of a qualified managing agent, trustees can be confident that all aspects of safety, compliance, and financial security are effectively managed, helping to mitigate risks and avoid legal liability.

Get in touch with Fitzanne Estates to discuss sectional title trustee training to learn everything you need to know about managing a sectional title, or if you would prefer the guidance of a managing agent.

 


 

More about Fitzanne Estates

Fitzanne Estates (Pty) Ltd is a Property Management Company that can sufficiently administer your property investment to the benefit of the Landlord, the Body Corporate, and the NPC – Non-Profit Company. Services include Letting, Sectional Title Management, Full Title Management (NPC – Non-Profit Company) and Sales.

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