When does one owner, one vote not apply?

Voting.resize

Q

Hi, I am the chairperson of a complex where we have 13 registered sections; eight of which are flats and the other five are garages or store rooms.

We have been informed that an owner that was handed over to the ombudsman now wants a trustee and myself removed. He has tried before but was told it was not possible because he is only one owner. He owns six sections in total (four flats and two other sections). All the other owners are behind me 100% and together we own seven sections, so we want to know how he has now managed to call a meeting for removal when he is the only owner wanting this?

When voting now he is still one owner one vote but because he has so many sections, do we count the sections or the square meterage of all his sections combined? Everyone is confused with the new CSOS that came in now. Surely one owner cannot hold so much voting right over all other owners. – Leigh-Anne

A

People get very confused between the two acts (CSOS and STSM) when in fact voting has nothing to do with the CSOS Act – it is in the STSM Act.

All votes at a general meeting (except for special and unanimous resolutions) are calculated on the participation quotas (PQs) so that owner will have a PQ weighted vote for each of his sections (and it does not matter if the section is a flat or a garage. So he will have six votes in value).

It is only when voting in number that he is seen as one member and only has one vote no matter how many sections he owns. Voting in number only applies to special and unanimous resolutions; where you work in value and in number.

An interesting point is that when the STSM Act was published in 2011 it stated controversially that when voting in number one member will have one vote. My opinion is that they realised that this is a problem so when the Prescribed Management Rules were published and came into being on 7 Oct 2016 they softened the blow and said all voting will be by PQ (except special and unanimous resolutions that will be number and in value).


Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you


http://hometimes.co.za/2017/03/sectional-title-corner-when-does-one-owner-one-vote-not-apply/

On – 30 Mar, 2017 By David Steynberg

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