Owners in sectional title schemes sometimes enquire whether they can compel the body corporate to install security features and measures such as intercom access control systems, remote control motor gates, electric/security fencing, and also whether the body corporate can be compelled to employ security guards. This question relates to the effecting of improvements in the scheme. What is discussed below applies to security related improvements and all other improvements to common property in general.
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 “reasonably necessary” improvements on the one hand, and “not reasonably necessary” improvements on the other hand.
The general rule with regards to effecting reasonably necessary improvements is that the body corporate (represented by the trustees) may propose such improvements, provided they give all owners in the scheme 30 days’ written notice of their intention to effect the improvements. The notice must include: (a) estimated costs of the improvements; (b) details of how the body corporate intends to meet the costs and (c) a motivation setting out the need for the improvements together with drawings of such improvements. An owner/s may, during the 30-day notice period, request a general meeting to discuss the proposal if such owner/s has concerns or objections to the proposed improvements.
If such a meeting is called the proposed improvements cannot be effected unless it is approved by a special resolution. A special resolution can be obtained in 2 ways: (a) by convening a general meeting of the owners and in such cases the resolution must be passed by a majority of not less than 75% of the owners present at the general meeting or (b) alternatively, at least 75% of all members of the body corporate must agree to the resolution in writing.
If no general meeting is called within the 30-day notice period, the body corporate may proceed with effecting the improvements.
Unit owners themselves may also suggest/propose (at a general or a special general meeting) that additional security features be installed. Such a proposal may be acted upon if the necessary resolution is obtained from the owners.
Improvements or alterations that are not reasonably necessary may only be effected if the owners agree to such improvements by way of a unanimous resolution. Unanimous resolutions may be obtained in 2 ways: (a) 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 each and every owner present must vote in favour of the resolution or; (b) alternatively, all (100%) of the members of body corporate (owners) can agree to the resolution in writing.
It is sometimes difficult to determine, with certainty, whether a proposed improvement falls into the category of a ”reasonably necessary” improvement or a “not reasonably necessary” improvement.
In the case of security features (and other improvements) the owners cannot compel the body corporate to make improvements unless the procedures referred to above have been followed and the necessary resolutions (where applicable) have been obtained.
When there is any doubt regarding proposed improvements the trustees and members should seek expert legal advice.
(Disclaimer: This article is for information purposes only and do not constitute legal or other professional advice)
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