Question:
Our block is financially sound, but has the usual bickering. One of the owners has suggested that we have an administrator.

Would this be legal? At the moment we are administered in house, and I would say very successfully, but there are the usual jealousies.

Answer:
The term 'administrator' is used in the Sectional Titles Act 95 of 1986 ('the Act') to refer to a person appointed by the High Court to control, manage and administer a scheme in circumstances where the body corporate in general and its trustees in particular are unwilling or unable to properly control, manage and administer the scheme in accordance with the Act and the scheme’s rules.

The appointment of an administrator is a drastic measure and one that should only be used as a last resort once all other remedies have been exhausted. From your question it does not sound as if your scheme is anywhere near in need of an administrator.

Perhaps when you refer to an 'administrator' you envisage someone who is employed by the body corporate to assist the trustees in carrying out the functions and duties of the body corporate. This person is referred to as a 'managing agent' and most schemes in South Africa are managed by one.

In terms of prescribed management rule 46 the trustees may decide to appoint a managing agent and must appoint one if required to do so by the body corporate in a general meeting.

Links to all Jennifer's previous Q&As on page two…

Click here to ask Jennifer a question regarding sectional title property.

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