Full and accurate notes should be taken and the exact wording of any resolution should be recorded. Details of those present, all topics discussed, the decisions taken by the meeting, and the number and value, if applicable, of all votes cast for and against each motion proposed, should appear in the minutes. The minutes are confirmed by adoption as correct at the next meeting when they are signed.
The minutes will need to be signed in conformity with PMR 27 which states that no document signed on behalf of this body corporate, shall be valid and binding unless it is signed by a trustee and the managing agent or by two trustees.
The trustees must keep all minute books in perpetuity. This means that the trustees must keep all minute books for as long as the scheme remains registered. The minutes of a meeting are usually distributed after they are confirmed as correct. However, the trustees must make all minutes of their proceedings, and the minutes of the body corporate, available for inspection on the written application of any owner or registered mortgagee of a unit.
In terms of PMR 49 2 the trustees must furnish any managing agent employed by the body corporate with copies of the minutes of their meetings.
The question that I am often asked is whether the minute books need to be physical books or whether the minutes can be kept electronically? The Electronic Communications and Transactions Act provides that information required to be in writing may be transmitted and stored in digital format.
The digital record must be secure and capable of being relatively easily accessed for reference. Both can be secured by password protection, stored in more than one place and easily distributed when required. I am of the view that it is possible to keep minutes of meetings in an electronic format. This handbook integrates the requirements of the Sectional Titles Schemes Management Act, the prescribed management rules and the common law so as to provide readers with a comprehensive overview of the laws and rules applicable to sectional title meetings.
We recommend handbook owners take this book into their sectional title meetings to ensure procedures are followed correctly and to use as a reference guide in cases where the meeting hits a procedural roadblock. Body corporate chairpersons, trustees, owners, managing agents, developers, attorneys and other role players in the sectional title industry will benefit from this book.
Written opinions Telephonic consultations Face-to-face consultations. Author Graham Paddock. Anne Greening August 13, Leave a Reply Cancel reply Enter your comment here Fill in your details below or click an icon to log in:. Email required Address never made public.
Name required. Information This entry was posted on August 13, by Paddocks in Legal , Meetings and tagged body corporate meetings , is seconding necessary? Navigation Previous post. Next post. Follow Thinking Inside the Box via Email Enter your email address to follow this blog and receive notifications of new posts by email. Join other followers. Paddocks Facebook. Get the latest articles and news on resources sen… twitter. The New Act shall apply in respect of leasehold titles where the unexpired residue of the term is not less than 21 years.
The previous regime provided for a threshold of 45 years; Owners of sectional properties will now be issued with a certificate of title for freehold property or certificate of lease for leasehold property. This is a deviation from the provisions of the Repealed Act which provided for issuance of title deeds for sectional property in respect of each unit. The common property will be managed by a corporation incorporated as per the provisions of the New Act, and the corporation will not subject to the Companies Act, The corporation will be automatically dissolved on termination of the sectional property status.
The New Act requires that all sectional plans prepared by a surveyor approved by the County Government and the Director of Survey submitted for registration by the Land Registrar be georeferenced. All long-term leases leases for more than 21 years intended to confer ownership of apartments, flats, maisonettes, townhouses or offices and which were registered before 28 December the Commencement Date of the New Act must conform to the New Act within 2 years from Commencement Date to conform to the geo-referencing provisions of the Land Registration Act.
Unit owners will not incur stamp duty costs upon revision if the requisite Stamp Duty fees was paid when registering their sub-lease. If this is not done within the 2-year period, the Registrar shall register a restriction against the title of the parcel to prevent any further dealings on it. The New Act also allows for internal dispute resolution mechanisms for individual unit owners in a development by a dispute resolution committee which will handle all disputes relating to enforcement of by-laws.
Previously, such disputes were referred to the tribunal appointed under the Landlord and Tenant Shops, Hotels and Catering Establishments Act.
Procedure for registration of Sectional Units under the New Act The Ministry of Lands and Physical planning issued a public notice on 10 th May stating that all sectional plans submitted for registration should be: Geo-referenced; Indicate parcel numbers; Indicate unit numbers; Indicate approximate floor area for each unit; Be signed by the proprietor; Be signed and sealed by the Director of Survey; and Indicate the user of the unit.
Among other advantages, individual titles under the New Act will afford unit owners increased ability to obtain financing from banks and financial institutions as the individual titles will give banks the comfort to lend since security can be taken over the individual titles and proportionate shares over the common areas. The titles will also allow the owners easier disposal, consolidation and subdivision of their units.
Closure of the mother title will vest absolute rights on the individual unit owners and they can deal in the property however they wish to as opposed to being at the mercy of developers.
The titles will vest the reversionary interest on individual unit owners who will be at liberty to apply for renewal of their leases upon expiry. This will definitely expedite the process of extension and renewal of the leases as the management companies will no longer be involved. Under the New Act, the owner of a unit shall only be liable in respect of an interest endorsed on the sectional plan in proportion to the unit factor for his unit.
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