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Advice From the Experts - Role Players Part 4 - The members of the Body Corporate

Members of the Body Corporate

In Part 3 of this newsletter we looked at the role of the trustees. In this newsletter we will look at the members of the body corporate.

Any registered owner of a unit is by default a member of the body corporate. The defintion in the Act is very simple. 'Member' means a member of the body corporate. Over and above this definition, an owner is also defined as the trustee of an insolvent estate, the liquidator of a company or close corporation or the exectutor of a deceased estate where an owner has passed on. In addition, the Community Schemes Act defines an owner as the holder of a legally secured right of possession, such as a person with a right of use (usufruct or hatitatio) over a unit. Where a husband and wife are married in community of property, and the unit is registered only in the husband or wifes's name, for example if they got married after the husband bought the unit, both are considered members of the body corporate. Very important to remember that they will, together, only have one vote at a general meeting. In Part 5 of this newsletter we will look at the Community Scheme Ombud Service. Article courtesy of Marina Constas and Karen Bleijs Demystifying Sectional Title

Johannesburg | Durban | Cape Town | Bloemfontein | Port Elizabeth | Pretoria

The information contained in this newsletter must be seen as a set of guidelines and does not purport to provide legal or other professional advice. If such advice is needed, consult with your legal or other qualified adviser. CIA will not accept any responsibility towards any person relying upon the contents hereof nor accept any liability whatsoever for the accuracy of information supplied by a third party or the consequences of relying upon it.

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