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 | Two hats : Scheme’s Trustee also its Caretaker

Yes, such an appointment is perfectly possible and valid, provided (i) the trustee is also an owner; (ii) the appointment is made after a trustee resolution by majority vote to that effect (the relevant trustee may however not vote); and (iii), two trustees sign the contract with the trustee-caretaker. Caution however dictates that:

  • such contract addresses the possible blurring of lines between the individual’s performance of trustee and caretaker duties, especially as the former is usually performed ex gratia and the latter for remuneration; and
  • for the sake of good governance, the contract should also address, in the circumstances, the obligatory trustee duty to supervise body corporate employees.

Contact us for assistance in all aspects relating to the management of your sectional title scheme at info@stbb.co.za or on STBB