Yes, it is advisable that the host of the meeting record the meeting, and make all attendees aware of the recording. If any attendee records a meeting, they will likely do so on their own device.

No, the body corporate will only send the minutes to owners, these owners can share the minutes with their proxy holders to ensure that the minutes accurately reflect the meeting proceedings, but caution must be exercised that there is no POPI breach.

Yes, at the next meeting, subject to member approval.

Minutes must be kept in a form that can easily be reduced to writing and stored safely to be made available upon request

Yes, if the owner agrees, or a Court or Adjudication Order provides for same, or the amended management rules allow for such recovery.

No. CSOS or the Court must be approached.

In a body corporate, once a year, within four months of the end of the financial year.

No, the body corporate cannot sell common property unless it can revert to the land register i.e. no longer form part of the common property, which is not the case in a situation of an extension of a section. The applicant owner may, but is not legally obliged, to offer compensation to the body corporate “in exchange” for the required special resolution of the members, noting that this amount should be fair and reasonable. The owner of the extended section, once registered, will be contributing more to the expenses of the body corporate as a result of their increased participation quota.

In its nature, solar panels are installed on the exterior of a section, which is normally common property. There are a variety of routes to follow to allow this. You could have a conduct rule providing for a written application to be made to the trustees, who may set reasonable conditions in granting their approval, or you could be required to enter into a lease agreement with the body corporate to allow you the use of a part of common property, or you may be required to enter into a servitude agreement. You could also be required to formalise the use of the common property by means of an extension of a section or the registration of an EUA, or the creation and allocation of an EUA in the conduct or management rules of the body corporate. Perhaps your body corporate conduct rules do not allow for such an installation, so check for that as well.

As a proxy holder, at a body corporate AGM or SGM, you can represent two (2) members, irrespective of the number of sections that they own as such a member.

As a proxy holder, you can be a non-owner, but you cannot be the managing agent or an employee of the body corporate, unless you are also an owner. Remember, there are no proxies for trustee meetings.

Yes you do. Check your body corporate’s conduct rules, which should set out that before undertaking any renovations or alterations, you will need to make a written application to the trustees. The rule will guide you through the process, which may include plan submission, municipal approval, payment of a deposit, registration of contractors, explanation of what will be done and how long it will take, working hours, noise limitations etc.

Yes, the relationship between the owner of the unit, as landlord, and the tenant, is not one that is regulated by the management of the body corporate. The landlord is responsible for the conduct of their tenant.

Once all monies owing to the body corporate have been paid, or an arrangement for same has been made, the trustees or the managing agent will issue a levy clearance certificate.

The owner of a unit/s, that is served by a geyser is responsible and liable for same. Geysers are insured as part of the body corporate’s insurance policy, and the owner of the geyser, as aforementioned, is responsible for the payment of any excess on an insurance claim.

Should a door / window form the median line, between a section and the common property, the cost of the replacement of same, if maintenance and repair is no longer possible, is split equally between the owner of the unit and the body corporate. If the owner is responsible for the insurable event, the owner is liable for the excess. 

The trustees, by majority decision, determine and raise special contributions. A special contribution cannot be raised for an expense catered for in the budgets of the body corporate. 

The person who is the owner of the apartment at the time when the trustees raise the special levy will be liable to pay that special levy.

In a sectional title scheme, you own your section, up to the median line, which is an invisible mid-point that separates a section from another section, or from the common property, including windows, doors, windows, walls, floors, ceilings, balustrades etc. Exclusive use areas do not have median lines, but it is possible to note the extent of EUA’s in terms of the rules or on the sectional plans.

No, there is no legal basis for withholding payment of your levy contributions in a community scheme, rather follow the internal dispute resolution process that should be described in your body corporate’s rules or HOA’s constitution or MOI, and if unsuccessful, approach the Community Schemes Ombud Service.

In a sectional title scheme, common property is everything that is not a section or part of a section. An exclusive use area, rule-based or registered is also part of the common property, including servitudes and the right of the developer to extend the scheme. In an HOA, the common areas are all erven than the erven owned by individual members.

Yes, you can make an application to CSOS instead of arbitration, but if arbitration proceedings have been instituted, both parties must agree to withdraw same and approach the CSOS.

Yes, it must be tabled at an annual or special general meeting for member approval by means of an ordinary resolution. It is sensible to have the plan tabled at the AGM as it will determine the reserve fund budget.