Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)

1)	In this Act and the rules, unless the context otherwise indicates—

‘‘Advisory Council’’

means the Sectional Titles Schemes Management Advisory Council established by section 18;

‘‘body corporate’’

in relation to a building and the land in a sectional title scheme, means the body corporate of that building referred to in section 2(1);

‘‘building’’

means a structure of a permanent nature erected or to be erected and which is shown on a sectional plan as part of a scheme;

‘‘chief ombud’’

means chief ombud as defined in section 1 of the Community Schemes Ombud Service Act, 2010;

‘‘common property’’

in relation to a scheme, means—

a)	the land included in the scheme;

b)	such parts of the building or buildings as are not included in a section; and

c)	land referred to in section 5(1)(d);

‘‘competent authority’’

means a person or organisation that has the legally delegated authority or power to perform a designated function;

‘‘Court’’

means the High Court having jurisdiction;

‘‘deeds registry’’

means a deeds registry as defined in the Deeds Registries Act, 1937 (Act No. 47 of 1937);

‘‘Department’’

means the Department of Human Settlements;

‘‘developer’’

means a person who is the registered owner of land, situated within the area of jurisdiction of a local municipality, on which is situated or to be erected a building or buildings which he or she has divided or proposes to divide into two or more sections in terms of a scheme, or his or her successor in title and includes, for the purposes of rebuilding any building that is deemed to have been destroyed as contemplated in section 17, the body corporate concerned;

‘‘development scheme’’

means a scheme in terms of which a building or buildings situated or to be erected on land within the area of jurisdiction of a local municipality is or are, for the purposes of selling, letting or otherwise dealing therewith, to be divided into two or more sections;

‘‘Director-General’’

means the Director-General of Human Settlements;

‘‘exclusive use area’’

means a part or parts of the common property for the exclusive use by the owner or owners of one or more sections;

‘‘land’’

means the land comprised in a scheme as shown on a sectional plan;

‘‘lease’’

for the purposes of section 5(1)(a), means a lease which—

a)	was entered into for a period of not less than 10 years;

b)	was entered into for the natural life of the lessee or of any other person mentioned in the lease; or

c)	is renewable at the will of the lessee indefinitely or for periods which, together with the first period, amount in all to not less than 10 years;

‘‘local municipality’’

means local municipality as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

‘‘Minister’’

means the Minister of Human Settlements;

‘‘ombud’’

means ombud as defined in section 1 of the Community Schemes Ombud Service Act, 2010;

‘‘owner’’

in relation to a unit or a section or an undivided share in the common property forming part of such unit, means, subject to subsection (5), the person in whose name the unit is registered at a deeds registry in terms of the Sectional Titles Act or in whom ownership is vested by statute, including the trustee in an insolvent estate, the liquidator of a company or close corporation which is an owner, the executor of an owner who has died, or the representative of an owner, who is a minor or of unsound mind, recognised by law, and ‘‘owned’’ and ‘‘ownership’’ have a corresponding meaning;

‘‘participation quota’’

in relation to a section or the owner of a section, means the percentage determined in accordance with the provisions of section 32(1) or (2) of the Sectional Titles Act in respect of that section for the purposes referred to in section 32(3) of that Act, and shown on a sectional plan in accordance with the provisions of section 5(3)(g) of that Act;

‘‘prescribed’’

means prescribed by regulation;

‘‘quota’’

in relation to a section or the owner of a section, means the participation quota of that section;

‘‘registrar’’

means a registrar of deeds as defined in the Deeds Registries Act, 1937 (Act No. 47 of 1937);

‘‘regulation’’

means a regulation made under this Act;

‘‘rules’’

in relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively;

‘‘scheme’’

means a development scheme;

‘‘section’’

means a section shown as such on a sectional plan;

‘‘sectional mortgage bond’’

means a mortgage bond hypothecating—

a)	a unit or an exclusive use area, land or an undivided share in such unit, area or land held under a separate sectional title deed; or

a registered lease or sub-lease of any such unit, exclusive use area or land or an undivided share in such unit, area or land which when it was entered into, was for a period of not less than 10 years or for the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the first period amount in all to not less than 10 years; or

c)	any other registered real right in or over any such unit or undivided share in a unit or common property or the rights referred to in sections 25 and 27 of the Sectional Titles Act;

‘‘sectional plan’’

in relation to a scheme, means a plan approved by the Surveyor-General which—

a)	is described as a sectional plan;

b)	shows the building or buildings and the land comprised in the scheme, as divided into two or more sections and common property; and

c)	complies with the requirements of section 5 of the Sectional Titles Act,

and includes a sectional plan of subdivision, consolidation or extension as provided for in the Sectional Titles Act;

‘‘Sectional Titles Act’’

means the Sectional Titles Act, 1986 (Act No. 95 of 1986), as amended;

‘‘special resolution’’

means a resolution—

a)	passed by at least 75% calculated both in value and in number, of the votes of the members of a body corporate who are represented at a general meeting; or

b)	agreed to in writing by members of a body corporate holding at least 75% calculated both in value and in number, of all the votes;

‘‘this Act’’

includes regulations;

‘‘unanimous resolution’’