A. GENERAL QUESTIONS
- Who may be elected as a Trustee?
- If 1 person owns all the units in the scheme, is a body corporate formed and must it be registered with the CSOS?
- Who appoints the Managing Agent and the Employees of a body corporate?
- Does a chairperson have more powers than the rest of the Trustees?
- What is the Managing Agents responsibility towards unit-owners?
- Why am I not allowed to voice my opinion on any matter at an Annual General Meeting?
- Can the Trustees lodge an application for dispute resolution with the CSOS if summons has already been issued against a levy defaulter?
- Can I vote if I only own a utility section?
- I want de-register the scheme with CSOS as the sectional titles scheme is being demolished or I erroneously registered, however, I have a conventional property? What documents do I need to do so?
- Must a managing agent have a Fidelity Fund Certificate?
- May I, as an owner, request the Trustees’ details?
- May I install CCTV cameras outside my unit for protection?
- Which part of the Act or Rules deals with insurance?
- How do Trustees vote at Trustees’ meetings?
- How do you calculate PQ?
- Can an owner vote at a General Meeting if there is a judgment or adjudication order against him?
- Must an owner first waive a meeting before a SKYPE / ZOOM / MICROSOFT TEAMS meeting can take place?
- The scenario is as follows: A sectional title scheme has already been developed and the body corporate has been formed. The developer of the scheme has entered into an agreement to purchase the vacant land next door. He wants to develop this land and create a different sectional title scheme, which he then wants to link to the already developed scheme. How can this be done?
- Must a body corporate have public liability insurance?
- Must a body corporate take out property owners’ liability?
- May I claim for consequential damages?
- Can a manager, also be defined as a managing agent?
B. REGISTRATION OF COMMUNITY SCHEMES
- What is the registration process?
- What will happen if the Scheme does not want to register with CSOS?
- Will there be a fee payable to register a community scheme?
- The CS1 form requires the details of the Managing Agent to be attached – is that the Certificate of Incorporation or the EAAB Fidelity Certificate, or what document is being referred to?
- Who must sign the declaration on form CS1?
- On the CS1 registration form in section 8 – you ask for a copy of the certificate of establishment?
- What will be the process for the approval of Rules for new schemes?
C. PAYMENT OF CSOS LEVIES AND FEES
- Is CSOS going to supply invoices for the payment?
- How much levy is payable?
- How often must payment be made?
- CSOS levies will also be calculated on exclusive use contributions and special levies – is this true? Or is it only calculated on the normal monthly levies?
D. ANNUAL FINANCIAL STATEMENTS
- Who must audit the financial statement?
- Can the person who is involved in the or preparation of the monthly financial report audit the financial statements?
- STSMA – if less than 4 members each member must be Trustees. What if an owner is unwilling to stand?
- Must a community scheme have a fidelity fund certificate?
- Schemes within schemes (for example a body corporate within a homeowners’ association), will there be double charges or will there only be one levy amount?
- Section 6(7) of the STSMA may be interpreted to suggest that members owning multiple sections (and so units) only have one vote notwithstanding their multiple ownership in a scheme and is contrary to Section 6 (6)?
- In levy collections and arrears, does the CSOS have a monetary jurisdiction?
Will matters already pending in a Court of Law be capable of being referred to the CSOS?
We are particularly interested in levy collection matters which are already before the Court and concerned that defaulting owners may use the ability to refer the matter to the CSOS if same does indeed exist, as a delaying tactic thereby frustrating the process to the prejudice of the scheme and owners?
- It is understood that in certain instances the CSOS levy may be waived. Members will have to complete the necessary forms; however, it is unclear how these forms are to be submitted? How will the scheme know that an owner’s CSOS levy contribution has been waived – will the owner receive a waiver certificate which they can provide to the scheme?
- What are the different types of Practise Directives of the CSOS?