Responsibilities of a Trustee

Responsibilities of a Trustee

Trustees are elected by members of the Body Corporate at the annual general meeting. Trustees represent owners in running the affairs of the Scheme. Ultimately, they take responsibility for managing the finances and the day-to- day affairs of the Scheme. The Trustees are governed by instructions from the Body Corporate, and by the Management Rules of the Scheme. Trustees are responsible for managing the Scheme budget, for the collection of contributions (levies) and ensuring that the residents adhere to the rules of the Scheme. They also manage the common property and the maintenance of the external and communal areas and must ensure that the insurance cover for the Scheme is sufficient.

Trustees may decide to appoint a Managing Agent to assist them in the administrative and financial management of the Scheme. The Managing Agent will at all times report to the Trustees.

When elected to office, a Trustee should ensure that he / she obtains copies of the Scheme's registered Management Rules, its registered Conduct Rules and the Sectional Title Schemes Management Act 8 of 2011 as soon as possible.

These documents are available on ANGOR online.

CSOS places a further responsibility on Trustees by directing them to educate themselves on legislation and governance documents of the Scheme. Furthermore, Trustees are obliged to exercise due diligence in the carrying out of their duties by attending all meetings of the Scheme.

The Trustees may be held personally liable for any act of negligence in this regard, should any other member be able to prove loss or damages suffered by the Body Corporate.





Trustee responsibilities include:

A. Collection of Contributions

a. It is the duty of the Trustees to ensure that the contributions levied are adequate to cover the monthly operating expenses of the Scheme. It is further their responsibility to take all reasonable and available steps to ensure that those owners who default on their monthly payments are dealt with appropriately.

b. Trustees must keep a record of all Body Corporate transactions, including the financial accounts. They will have to authorise all expenditure (by law, each payment requires the signature of two of the Trustees or a Trustee and the Managing Agent).

c. Trustees must ensure that payments, as determined by the budget, are made as and when required, and that the budget is not exceeded.

d. Trustees must not receive any economic benefit, direct or indirect, from the Body Corporate.

e. Any and all actual or potential conflicts of interest must be declared to all members of the Body Corporate in writing.

B. Meetings

a. Trustees are responsible for arranging the AGM and any special general meetings to be held, and for ensuring that all related documentation is readily available and accurate.

b. The Trustees must ensure that minutes of general and Trustee meetings are maintained, properly recorded and safely stored. Minutes must state the time, date and place of the meeting, the names and roles of those present, the text of all resolutions, and the results of any votes taken.

c. Record every resolution passed by the Body Corporate, whether as part of a regular meeting, or as a special / unanimous resolution.

C. Conduct Rules

a. Trustees bear the responsibility to ensure that the owners, their tenants and their visitors abide by the Rules, as determined by the Body Corporate.

b. They must further ensure that they and the other Trustees abide by the Sectional Title Schemes Management Act.

c. They must also ensure that the Managing Agent, and any other agents used to assist the Trustees in their duties, abide by the Sectional Title Schemes Management Act.

D. Management of Common Property

a. Trustees are responsible for the control, administration and management of the common property, for the benefit of all owners.

b. They manage the maintenance of common property, ensuring it is always in good repair and does not depreciate in value. Examples: Gardens, swimming pools, perimeter walls, paving, roofs, etc.

c. They attend to the insurance of all buildings and improvements, and must ensure that the Scheme is adequately covered at all times to ensure that the owners' investment is not at risk.

d. For the day-to-day on-site management of common property, an Estate Manager may be appointed to ease the administrative burden this places on the Trustees.



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