I was recently asked by an owner in a sectional title scheme whether he could compel the body corporate to install security measures such as intercom access control systems, remote controlled motor gates and security fencing and also whether the body corporate could be compelled to employ security guards. This question relates to the effecting of improvements to the scheme.
A sectional title scheme is managed by the body corporate and all owners of units in the scheme are members of the body corporate. The body corporate elects trustees to attend to the day to day running and management of the scheme.
When dealing with the issue of making improvements to a scheme, one must distinguish between necessary and useful improvements on the one hand and luxury improvements on the other hand.
The general rule with regard to effecting improvements is that the trustees may effect necessary and useful improvements provided they give all owners in the scheme 30 days notice of their intention to effect the improvements, and the owners do not object thereto. If the owners wish to prevent the trustees from effecting the proposed improvements, they must do so by way of a special resolution. A special resolution can be obtained in two ways: The owners can convene a special general meeting and the resolution must be passed by a majority of not less than 75% of the owners present at the general meeting. Alternatively, at least 75% of the members must agree to the resolution in writing.
Improvements of a luxury nature may only be effected if the owners agree to such improvements by way of a unanimous resolution. Unanimous resolutions may be obtained in two ways : A general meeting may be called and the proposed resolution put to the vote. At least 80% of all owners (reckoned in number and voting capacity) must attend such meeting and all owners present must vote in favour of the resolution. Alternatively, all (100%) of the members of the body corporate (owners) can agree to the resolution in writing.
With regards specifically to the installing of security measures, one must first determine whether the security measures in question constitute a necessary / useful improvement, or a luxury improvement. It may be argued that certain security measures may constitute a necessary or useful improvement especially in areas where there is a high crime rate and security problems are being experienced. In schemes which are situated in suburbs that do not have a high crime rate, and where owners are not experiencing security problems, it could probably be argued that the implementation of security measures would constitute a luxurious improvement. Each case will have to be judged on its own facts. If the trustees wish to install security measures that clearly qualify as necessary or useful improvements, then they may do so provided they follow the procedure set out above. If they wish to install security measures that are clearly of a luxurious nature, then the owners must agree to the improvements by way of a unanimous resolution.
If an owner wants security measures installed in a scheme (or wants to have any other improvements made to the scheme) such an owner could attempt to convene a special general meeting for the purposes of attempting to obtain a resolution of the owners. If, at such a meeting, the owners agree that the improvements should be effected and pass a valid resolution to this effect, then the body corporate must effect such improvements.