WHAT POWERS DOES THE CHAIRPERSON OF A SECTIONAL TITLE SCHEME HAVE?
Category Advice
When it comes to selecting a chairperson of the body corporate in a sectional title scheme, the owners must select the chairperson, and by default it's usually one of the trustees who is elected. The owners in the scheme can, however, go against this choice if they feel that the chosen person is not impartial and that he might have a bias towards certain decisions, says Michael Bauer, managing director of property management company SAProperty.com.
If owners find that there are items on the agenda that favour what the chairperson wants, they can choose to remove the chairperson.
The Sectional Title Schemes Management Act Regulations management rules stipulate that: "(5) The trustees at a trustees' meeting or the members at a general meeting may remove the chairperson from office if notice of the meeting contains a clear statement of the proposed removal; provided that such removal does not automatically remove the chairperson from the office of trustee.
(6) If a chairperson is removed from office as such or ceases to hold office as a trustee, the remaining trustees must elect a replacement chairperson from among their number who holds office as chairperson for the remainder of the period of office of his or her predecessor and has the same voting rights."
So, as the provision is there, trustees and owners need not feel that they have to tolerate "bully" tactics or monopolisation by the chairperson, the option is there for them to take action against him or her.
The chairperson's duties are set out by the Prescribed Management Rules of the Sectional Titles Act, and the only thing a chairperson can do that the other trustees can't, is have the casting vote when there is a deadlock at a trustee meeting.
The Act gives a clear list of chairperson's duties at a general meeting in Prescribed Management Rule 18, which clarifies any question as to his or her powers, said Bauer.
It says, that, "18(3) A chairperson must-
(a) maintain order, regulate the orderly expression of views and guide the members and other participants through the business of the meeting in accordance with the common law of meetings;
(b) ensure that all motions and amendments proposed are within the scope of the notice and powers of the meeting;
(c) ensure that the scheme's rules, the minute books and any other documents relevant to the items of business on the agenda are available at the meeting;
(d) act fairly, impartially and courteously to all members and others entitled to attend the meeting;
(e) ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption;
(f) adjourn the meeting, when it is not able to complete or continue with its business;
(g) make decisions on points of procedure;
(h) settle disputes by giving rulings on points of order; and
(i) surrender the chair to a temporary chairperson elected by the members for any period during which the chairperson wishes to engage in the debate of any item of business.
(4) A chairperson at a general meeting must not-
(a) from the chair, attempt to influence members' views on any item of business; or
(b) disclose in advance of a vote how the chairperson intends to vote on any item of business."
"The chairperson should never step outside of the scope of his duties, and although his role is invaluable in the amount of work this job sometimes entails, the responsibility of managing the scheme falls to the trustees as a group," says Bauer.
Author: saproperty.com
