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Chairperon / trustee but not owner?

By E A van Wyk on Sat, 04 Sep 2010 at 13:48

We belong to a BC that includes a hotel. The manager of the hotel who is not a homeowner was given proxy by the hotel owner, attended a General Meeting and got elected as chair despite objections to this.

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RE: Can you be a trustee if you are not a home owner?

John Yates replied on Sat, 04 Sep 2010 at 14:17

According to PMR 59(2) if the chairman of trustees is unable to take the chair at a general meeting the owners must elect a chairman from among their number. Therefore seemingly the election of a non owner member such as the hotel manager would seem to be out of order and therefore the objections raised to his election would appear to be valid.

RE: RE: Can you be a trustee if you are not a home owner?

Tony Tucker replied on Sat, 04 Sep 2010 at 15:06

PMR 5 Qualifications (of Trustees)
Briefly states that a trustee or alternate trustee need not be required to be an owner......in order to qualify for the office as a trustee. Provided that the majority of trustees are owners, or spouses of owners....

PMR 18 Election of Chairman
......the trustees shall elect a chairman from their number.........Show More

RE: RE: RE: Can you be a trustee if you are not a home owner?

John Yates replied on Sun, 05 Sep 2010 at 07:45

Tucker. This series has nothing to do with trustee meetings. Therefore PMR18 would not be applicable.

RE: Can you be a trustee if you are not a home owner?

Anne Greening replied on Sat, 04 Sep 2010 at 15:02

Hi, EA. From the heading of your post, it looks as if this person was elected as a Trustee, and not merely selected to Chair the General Meeting. If this is the case, a trustee is not required to be an owner, provided that the majority of the trustees are owners or spouses of owners. He would not have been elected as Chairman (other than of the specific meeting) as the Chairman is chosen by the Trustees and not by a GM.

RE: Can you be a trustee if you are not a home owner?

Myburgh Brink replied on Sat, 04 Sep 2010 at 15:17

Hi
If the manager held a valid proxy, representing an owner, there is nothing which prevents him being lected as chairman for that particular general meeting i.t.o. PMR 59 (2).

RE: Can you be a trustee if you are not a home owner?

replied on Sat, 04 Sep 2010 at 20:34

May I ask for clarity is the manager of the hotel an employee as the BC as well? If he is you may have a case. An employee of the BC may not be a trustee unless he/she is an owner (PMR 5(b)) and may not hold proxies (PMR 67(3)) if he is not employed by the BC I dont see a problem with it.

RE: RE: Can you be a trustee if you are not a home owner?

John Yates replied on Mon, 06 Sep 2010 at 10:35

It would be nice to know who you are?

RE: RE: RE: Can you be a trustee if you are not a home owner?

Julie Steffers replied on Mon, 06 Sep 2010 at 21:00

Hi John. Sorry it's me. I clicked on log out by mistake.

RE: RE: RE: RE: Can you be a trustee if you are not a home owner?

John Yates replied on Tue, 07 Sep 2010 at 06:30

Hullo Julie- Naughty! But not a problem.

RE: Can you be a trustee if you are not a home owner?

Mike Power replied on Sun, 05 Sep 2010 at 08:57

Hi all,

For clarification purposes, is this hotel part of a Sectional Title scheme. It sounds to me more like HOA, where the rules are different.

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