Wesley is an associate in STBB’s litigation department in Cape Town. Wesley obtained an LLB degree in 2014 and an LLM degree in Constitutional and Administrative Law in 2015. After completing his articles of clerkship with STBB, Wesley was admitted as an Attorney of the High Court in February 2018. Wesley specialises in sectional title dispute resolution, contractual litigation, public law, property law, evictions and debt collection. Wesley has experience with managing high caseloads and meeting deadlines simultaneously. Wesley’s experience includes advising on the High Court process, drafting memoranda of advice and conducting legal research, facilitating debt collection processes (High Court and Lower Courts), drafting and facilitating court processes, advising on mediation and arbitration processes, and managing disputes before the Rental Housing Tribunal and the Community Schemes Ombud Service.

Thought of the Week | Can A Body Corporate Amend Any Scheme Rules?

When opening a new sectional title development, the developer is bound to certain management and conduct rules prescribed in the Sectional Titles Act. These include rules regarding the election and remuneration of trustees, voting, improvements and owner meetings.

Once the scheme is formally ‘opened’ (registration in the deeds office), the body of owners (body corporate) comes into existence and may amend the rules, provided at least 30% of the units are owned by people other than the developer. A special general meeting with at least
30 days written notice to members is held and the addition, amendment or repeal of a rule is effected by a unanimous resolution (for management rules) or a special resolution (for conduct rules.)

Amendments to the rules must be filed at the Deeds Office.

For more information, contact STBB.