If you are going to be a trustee, then be a good one.
Trustees are representatives of all the owners in a body corporate – sectional title scheme – and they must do what they do in a manner that is reasonable, fair and equal handed to all owners and tenants.
While trustees will make mistakes and errors of judgment from time to time the intentions must be good.
Good trustees do take their duties to heart and want to do the right thing.
They should not be afraid to ask and enquire, especially from experienced managing agents about what is the right thing to do.
Most of the duties and responsibilities of trustees are more to do with a sensible and balanced approach to what they do rather than following the Sectional Titles Schemes Management (STSM) Act to the letter.
The purpose of the STSM Act is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional title schemes and, for that purpose, to apply rules applicable to such schemes and a sectional title schemes management advisory council.
Good trustees take an almost aloof view of the management of the building and only get involved when their input is needed.
They should take interest in what is being reported to them by their managing agents both with the monthly accounts and the report back at their quarterly trustees meeting.
They should always ensure that whatever is presented looks and feels right.
If they don’t feel comfortable about what is being reported or it does not make sense to them then there is probably something wrong.
Good trustees are not caretakers!
While it does help that some of the trustees live on the property, it is however not always the case because they are not involved in the day-to-day runnings of buildings or complexes.
They can however be called on in the case of real emergencies and often have access to open the gates manually for example, but it is not their job to work at the building or complex.
The managers should be contacted to help. They are just there to keep an eye on the property.
- Mike Spencer is the founder and owner of Platinum Global. He is also a professional associated property valuer and consultant with work across the country as well as Eastern Europe and Australia.