🏢Who Controls Trustee Voting When the Rules Are Silent

Understanding the Automatic Application of Prescribed Management Rules under the Sectional Titles Schemes Management Act

Introduction

In many sectional title schemes, uncertainty often arises around how trustees should be elected, especially when the constitution or conduct rules say nothing about voting procedures.

The law, however, provides a clear answer: silence does not mean freedom to improvise.

Under the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and its Regulations of 2016, the Prescribed Management Rules (PMRs) automatically govern the election of trustees and the voting process when a scheme’s own rules are silent.

The Legal Framework

Section 10(2) of the STSMA provides that:

“The management rules and conduct rules prescribed under this Act apply to every scheme and bind the body corporate and the owners of units.”

In practice, this means that every body corporate is automatically bound by the Prescribed Management Rules unless it has lawfully amended them by special resolution, received approval from the Chief Ombud, and filed them with the Community Schemes Ombud Service (CSOS).

How Trustees Must Be Elected

The Prescribed Management Rules in Annexure 1 to Regulation 6 of the 2016 Regulations set out the detailed process for electing trustees:

PMR 7 – Election at the AGM

Trustees must be elected at each Annual General Meeting (AGM). The election is not optional.

PMR 18 – Nomination and Voting

Nominations must be in writing and accepted by the nominee.

Voting is conducted by show of hands, unless a poll is demanded.

In the event of a tie, the outcome is determined by drawing lots.

PMR 19 – Quorum

No valid election or resolution can take place unless a quorum is present—two-thirds of votes in value if the scheme has fewer than four members, and one-third if there are four or more.

PMR 20 – Voting and Arrears

Owners who are more than 30 days in arrears with levies or contributions may not vote.

Votes are taken per unit owned, by show of hands, unless a poll is called.

Why Informal Procedures Don’t Count

Because these rules have statutory force, any informal voting method—such as written resolutions, ballot papers, or proxy forms not aligned with PMR 18 and PMR 20—is invalid.

Both courts and the CSOS have confirmed this principle:

Body Corporate of Fish Eagle v Group Twelve Investments (Pty) Ltd (2003) – prescribed rules carry statutory weight and cannot be overridden by custom.

Nel NO v Body Corporate of Seaways Building (1996) – trustees and owners are bound by the statutory management rules.

CSOS cases such as Van der Walt v Sandhurst Towers (2020) – reaffirmed that PMR 18 and PMR 20 automatically apply when internal rules are silent.

Consequences of Non-Compliance

If an election is conducted contrary to the prescribed procedure, the appointment of trustees may be declared invalid.

Section 39(4)(c) of the Community Schemes Ombud Service Act 9 of 2011 empowers the Ombud to set aside irregular trustee elections and order a new one.

Key Takeaway

Silence in your scheme’s rules does not give the body corporate discretion.

The Prescribed Management Rules automatically govern trustee elections, ensuring fairness and consistency across all schemes in South Africa.

In short: if your rules don’t say how to elect trustees, the law already does. Any deviation without proper amendment and registration is ultra vires and unenforceable.

About the Author

Adv. Alan Rodney van der Merwe

Trust Account Advocate of the High Court of South Africa

BA (Law), LLB — In Private Practice since 1996

📍 Nelson Mandela Square, Sandton

📧 alan@advarvdm.co.za

🌐 www.advarvdm.co.za