How does our sectional title scheme work?

Two sets of rules, registered in terms of the Act, govern our scheme viz

1. The Sectional Titles Management Act 8 of 2011. Regulations and prescribed Management and Conduct Rules: Sectional Titles Act 95 of 1986 as amended, effective October 2016.

These set out how the Trustees are appointed, their duties, powers and obligations as well as various management requirements laid down in the Act such as insurance cover, meetings, facilities and services.

2. The Conduct Rules. These set out the rights, duties and obligations to which all owners must abide by, as well as the general operational rules. The Trustees are obliged by law to ensure that these rules are properly applied in the interests of all owners. Therefore, the Body Corporate’s wishes take precedence over an individual’s and the Trustees are under an obligation and empowered to act against any unit owner who transgresses the rules of the scheme and to claim appropriate compensation for all costs incurred in doing so. Subject to certain strict criteria these Conduct Rules can be amended by the Body Corporate.

On purchase every owner agrees to abide by these rules and all future sales are subject to the same commitment.  A copy of these rules is made available by the seller to the buyer and is to be signed off and made available to the Trustees before transfer is signed off.  The Trustees are not empowered to promote or authorise any exception or deviation from the rules.

Trustees duties are split into various portfolios:
■ Conservation
■ Finance
■ Insurance
■ Roads
■ Secretarial
■ Water
■ Fire

It is hoped that all Banghoekians will over a period of time serve as Trustee so that the management is shared between everyone.

The annual levies are recommended by the Trustees and approved at the AGM.  These levies are for the general maintenance of the water and fire precautions as well as all road systems in the reserve.

Banghoek Private Nature Reserve