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 Question:
I'm an owner in a sectional title scheme of which the developer owns half
of the units.
How many votes does he or his representative have in a special general
meeting or trustees' meeting?
Answer:
At owner meetings in sectional title schemes there are two ways of voting.
The first is by 'show of hands' in which the owner or owners of a section
have one vote for each section owned. If this type of voting is used the
developer or his representative would hold half of the votes.
The second is by 'poll' procedure whereby each owner’s vote is valued
according to the participation quota allocated to his/her section or sections
unless a special scheme rule has been made allocating other values to
the sections in the scheme, in which case the poll will be based on those
values. If this type of voting is used then the developer’s vote
would be worth the aggregate total of each of his sections' participation
quotas or the aggregate of any other values in terms of a special scheme
rule made allocating other voting values to the sections.
The developer may, however, hold powers of attorney or a number of open
proxies from other owners in the scheme allowing him to vote on their
behalf. If this is the case he will have an increased influence over the
outcome of the voting at owner meetings.
As for trustee meetings, the developer will only have one vote. Each
trustee has one vote at trustee meetings and the poll procedure is not
used in this context.
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Newsletter:
3 February 2012 to 10 February 2012 - Krugersdorp, Gauteng, South Africa
