Summary
Summary Private Law 451 2019 Lecture 5
- Course
- Private Law 451
- Institution
- Stellenbosch University (SUN)
Lecture 5 of Sectional titles: class notes, LAWSA and all legislation.
[Show more]
Content preview
1Lecture 5
RULES [LAWSA 420-429]
STA s 11(3)(e):
- In the developer’s application for opening the ST register, he must
say what rules are applicable
- must get certificate by the Chief Ombud stating that the rules
contemplated in s10 STA have been approved + Ann. 1 & 2 rules +
spec. rules
STSMA s 10(1):
- from establishment of the body corporate, they have rules that regulate
& manage the scheme
STSMA s 10(2):
- they must also provide for the regulation., management, use,
enjoyment of sections & common property
Two kinds of rules
1. (a) prescribed management (Ann 1)
a. Can be dev. substitute, add, amend by the body corporate
b. Can only be done by unanimous resolution
2. (b) prescribed conduct rules: (Ann 2)
a. developer or the body corporate can amend
b. only done by special resolution
The new conduct rule cannot be irreconcilable with management rules
STSMA s 10(3):
- must apply reasonably
- must apply equally to all owners of units
STSMA s 10(4) effect:
- binding on owners and occupiers (Shaftesbury)
STSMA s 10(5)(a):
- if the management or conduct rules are substituted to, added to,
amended or repealed, the developer or BC must lodge a notification
of this at the chief ombud
STSM Reg reg 5(2):
- the BC notice of amendment to rules must be in accordance with
Form B of Annexure 3
STSMA s 10(5)(b) &(c):
- Ombud by examine it
- Will not approve it unless it is reasonable and appropriate for scheme
- on approval, he must issue certificate
STSMA s 10(5)(d) in operation:
- date certificate of approval is issued
- the rules are only in operation after the certificate is issued
STSMA s 10(6) obligation on body corporate
- to keep a copy of all rules
- must have it available at meetings
- must deliver a copy to new owners & occupiers
- also must deliver copy of substituted etc rules upon request of owner/
person authorized in writing by owner
STSM Reg 6(3):
, 2
- developer may substitute etc only 4 management rules (at the
beginning)
- may only have to do with the number of trustees; nomination and
election of trustees; reimbursement: trustees; chairperson
- this is because we want a sound management system
- it wouldn’t help if the develop can change all of them
- only less important rules can be altered
STSM Reg 6(6):
- b. c. may substitute management rules only after developer has
transferred 30% of units to owners
Restrictions on amendment
1. certain management rules not amended developer in the beginning
(reg 6(3))
2. body corporate not substitute or amend it until 30% of units
transferred (reg 6(6))
3. no substituted conduct rule can be irreconcilable with management
rules
4. spec rules must be reasonable and apply equally to all sections (s
10(3))
5. may not conflict with STSMA provisions on regulation &
management
6. the rules must concern the regulation management: eg. cannot
have a rule that
trustees may not
drink
7. cannot regulate the behaviour of outsiders
8. may not conflict with Bill of Rights in Constitution eg. a
discriminatory rule
BODY CORPORATE LAWSA 430 (read only) 431-435
(passim)
We need a body to govern the building
Without this, there will be chaos without good management
required a central management body
Differs from social club
I. Nature
- Juristic person:
o has name,
o its own assets,
o perpetual succession,
o can institute or defend actions in court
- Differ from company:
o STSMA s 15(1)
o not limited liability (like a company)
o if there are creditors of the BC, the BC must be sued
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ouhoofkid. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now