Sectional Title Schemes Regulations Requirements

Body corporate maintenance, repair and replacement plans

Here is the legal stuff:
In terms of section 26 of The Sectional Title Schemes Management Regulations published in October 2016 as an adjunct to the Sectional Title Schemes Management Act, 2011 (Act8 of 2011)
 
A body corporate must:
 
  • 26 d) prepare a maintenance, repair and replacement plan in accordance with rule 22 for presentation at the annual general meeting;
  • 26 f) (5) (c) The audit of a body corporate’s annual financial statements—must include opinions as to whether or not—
  • (ii) the body corporate has complied with the accounting requirements set out in rules 21, 24 and this rule 26, with a specific description of any failure to comply with such requirements;

     

The regulations require that the auditor needs to express an opinion as to whether the body corporate has compiled a maintenance, repair and replacement plan in accordance with rule 22 for presentation at the annual general meeting and how they have progressed in the implementation of such plan as per 22 f) (4).

  • Furthermore 26 f) (2) requires that: On the application of any member, registered bondholder or of the managing agent, the body corporate must make all or any of the books of account and records available for inspection and copying.

Without complying with the act transfer of properties may become problematic.

So if the body corporate fails to follow the law, the managing agent and the trustees open themselves up for civil claims.


HouseCheck has developed  a Maintenance Action Plan (MAP) for body corporates to allow trustees to cost-effectively meet this legal requirement.

The HouseCheck MAP product includes:

  1. A current snapshot of the condition of the entire common areas of the property.
  2. A detailed and dynamic estimate of the projected costs of managing current defects and also takes into account the projected lifespan of the individual components. This is dynamic modelling takes into account the body corporates financial situation as well.
  3. The MAP model also calculates the required statutory contributions to the reserve fund in terms of the regulations and expresses that cost per unit holder, if we are furnished with the PQ rates per unit.
  4. Attendance at the Body Corporate AGM to talk to the MAP and answer questions.

Although these regulations put onerous new obligations on Body corporates, The HouseCheck Maintenance Action Plan (MAP) allows body corporate trustees and managing agents to cost-effectively meet this requirement.

HouseCheck can offer optional programme management services to oversee the MAP program. This is a long term relationship that goes beyond project management services. We have a database of potential service providers that could affect repairs and maintenance but do not undertake any maintenance ourselves. We believe that your MAP must be objective and not fuelled by the need for creating work.

HouseCheck’s role is to build bridges of trust based on objective and fair observations and projections.

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