Roles and duties of Trustees

Roles and duties of Trustees

Sectional Title Schemes or complex, as it’s more commonly known as is controlled and managed by a Body Corporate. Trustees are then persons elected by the members (residents or non-residents of the scheme) who are then mandated to manage the funds and affirm rules and policies within the sectional title scheme. New members are elected at every Annual General Meeting.

The trustees carry a huge weight on their shoulders and are often blamed for any or all financial difficulties the scheme may endure. Often the problem with the trustees lies in the fact they the trustees, who are volunteers and not remunerated for the work they do, are not always trained to do the work at hand.

It’s vital that the trustees should have copies and be well-versed with the Registered Management Rules, the conduct or house rules, a copy of the Sectional Title Act and the Amendments Act, the sectional plan of the scheme.

The powers of the trustees are embedded in the Sectional Title Act and the rules of the scheme. It’s the responsibility of the trustees to contract reputable service providers, garden services, painters, electricians and plumbers for example. The trustees are also to maintain and let the common property areas, like allocating parking bays as well as gain access to sections and exclusive use areas for maintenance purposes.

It is also vital that the trustees keep accurate and up-to-date financial records for the scheme. Money received and spent by the trustees must be carefully recorded and financial statements must be kept and audited by professional auditing firms.

In the event that a member of the trustees has not paid his/her levies for more than 60 days, or if he tenders a resignation  or if legally declared to be of an unsound mind, or if they have been convicted if an offence, they will be removed from office automatically.

It’s vital that trustees meet regularly to discuss duties and decide who will carry out these duties. All meetings must be conducted in a professional manner and as such there should always be a quorum and strict minutes must be kept at all times.

Trustees’ responsibilities include but are not limited to:

  • Conducting regular meetings
  • Overseeing of all levy collections
  • Active enforcement of rules
  • Managing of common property of the scheme