Communal Property Associations Act, 1996 (Act No. 28 of 1996)12. Approval for certain transactions |
| (1) | An association may not dispose of or encumber or conclude any prescribed transaction in respect of the whole or any part of the immovable property of the association, or any real rights in respect thereof, without the consent of the majority of members present at a general meeting of members. |
| (2) | Such consent may be given in respect of a series of transactions, without identifying each individual transaction. |
| (3) | Any disposal, mortgage, encumbrance or prescribed transaction in contravention of subsection (1) shall be voidable. |
| (4) | A member who alleges that an association has concluded a transaction contrary to the provisions of subsection (1) may request the Director-General to assist him or her in challenging the validity of such transaction. |
| (5) | The Director-General may, if he or she considers it desirable having regard to the nature and seriousness of the allegation, make a conciliator contemplated in section 10(2) available to assist in the resolution of the dispute. |
| (6) | The Director-General shall, at the request of an association, appoint an authorised officer to attend a general meeting of an association and to take such other steps as may be necessary in order to certify that a transaction referred to in subsection (1) has been duly approved at a general meeting and is in accordance with the constitution of the association. |