Here’s when to use a special vs unanimous resolution
“How do we know if we need a special or unanimous resolution to change the colour of a building?”
It’s a great question, and, as with many things in sectional title law, the answer isn’t a straightforward one.
No one-size-fits-all rule
Unfortunately, there’s no specific section in the Sectional Titles Schemes Management Act (“STSMA”) or its Regulations that expressly dictates which type of resolution is needed when changing a building’s colour. Instead, the correct process depends on the context and nature of the change.
In essence, you’ll need to assess whether the proposed repainting falls under:
Routine maintenance
For example, repainting the building in the same or similar colour for upkeep purposes. This may be authorised by trustees or approved by members if needs be.
An improvement to common property
If the colour change is aesthetic, substantial, or alters the scheme’s overall appearance (for instance, switching from beige to charcoal), then it may be considered either a reasonably necessary or a non-reasonably necessary improvement, depending on the reasoning behind the change i.e., is it part of a larger maintenance project? In the former case, a special resolution in terms of Prescribed Management Rule (“PMR”) 29(2) of Annexure 1 of the Regulations to the STSMA would be required and in the latter, a unanimous resolution is required under PMR 29(3).
So, what should trustees consider?
Since there’s no clear-cut rule, trustees must carefully weigh several factors:
- Does the building require repainting due to wear, damage, or age?
- Is the proposed colour a close match to the original, or is it a significant shift?
- Is the change motivated by aesthetics, modernisation, or preservation?
- Could the new colour impact the character, feel, or value of the scheme?
Reviewing section 5 of the STSMA and PMR 29(1)–(3) will help guide your approach, but when in doubt, seeking professional advice is the best way to safeguard compliance and avoid conflict.
Let’s talk about your scheme
Because each scheme is different, it’s always best to consider the specific facts. We’re here to help trustees navigate these decisions confidently and in line with the law. If your body corporate is considering a colour change or any significant repainting project, reach out to us, we’d be happy to advise.
Contact us today on +27 28 312 4474 or at hpm@hermanus.co.za