Question:
What are the duties and powers of the elected Chairman of a body corporate?

Answer:
The chairperson in a sectional title scheme has numerous duties relating specifically to the chairing of trustee and owner meetings. The chairperson is the default presiding officer at both owner and trustee meetings unless otherwise resolved by the meeting.

The function of the chairperson is to ensure that these meetings are conducted properly and in accordance with the Sectional Titles Act, 1986 (the Act) and the prescribed rules. For example, the chairperson must check that all proxy forms and underlying authorities are valid and that the meeting is properly convened. S/he must open the meeting, deal with each item on the agenda, control speakers and generally regulate the proceedings at the meeting. S/he also has a discretion to change the manner of voting to one by poll and not by show of hands and has a casting as well as a deliberative vote in certain circumstances.

Between meetings the chairperson is an ordinary trustee without any executive powers.

The chairperson is often mistaken for the chief executive, but the Act places the responsibility to exercise the body corporate?s functions and powers in the trustees as a group and not in the chairperson alone. Management responsibility therefore vests in the trustees as a group, one of whom must be elected by them to serve as the chairperson and the duties and functions of the chairperson, in that capacity, relate to the proper conduct of meetings.

Paddocks offers a great course on the Law of Sectional Title Meetings. If you are interested to learn more about this subject please contact Kate at Paddocks on 021 685 4775 or kate@paddocks.co.za.

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