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conduct rules

By Joyce van Niekerk on Tue, 06 Mar 2012 at 21:34

no conduct rules have been filed in deeds office since 1986. There is evidence of discussion on conduct rules amendments going back to 2008 AGM with no evidence of it ever being concluded and voted in by body corporate . In fact draft rules discussed at AGM in May 2010 plus requests for changes from the floor and minuted by number and clause bear no resemblance to the set of rules circulated in December 2010 along with a letter to say please find attached house rules dated November 2010 which were ACCEPTED at our AGM ( but now numbering and clauses are different as a comparison to AGM minutes cant be done. The trustees are now trying to enforce compliance with these rules . where does an owner as member of body corporate stand ?

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RE: conduct rules

Myburgh Brink replied on Tue, 06 Mar 2012 at 22:49

The only rules in ST which are enforceable are those filed at the Deeds Office. If there are no rules which have been made by the members then those in Schedules 8 & 9 of the STA are applicable.

Conduct Rules have to be approved by Special Resolution and Management Rules by Unanimous Resolution. Have a look at §1 (2) and (3), §35 and PMR 54of the STA to see the procedures and requirements....Show More

RE: RE: conduct rules

Andre Basson replied on Tue, 14 Aug 2012 at 09:19

Can we please clarify:
Owners can Not make rules at AGM (14d notice)because rules are made only at SGM (30d notice). Am I right?

RE: conduct rules

Myburgh Brink replied on Tue, 14 Aug 2012 at 21:48

If the trustees think the changes required are of an urgent nature the notice period may be shorter. See PMR 54 (7).

RE: RE: conduct rules

Andre Basson replied on Wed, 15 Aug 2012 at 05:40

I can interpret (54)7 in 2 ways but still prior notice and notification of purpose of meeting (with rules distribution included) should have taken place prior to meeting with the required notice.

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