The Trustees

Trustees are elected at each annual general meeting (AGM). They do not have to be owners in the body corporate as long as the majority of trustees are owners, or spouses of owners.

At the first meeting held by the trustees, a chairperson must be elected, and he or she will hold office until the conclusion of the next AGM.

Responsibilities of trustees

In terms of the management rules, trustees are responsible for the management and control of the common property, for ensuring the buildings are adequately insured, collecting the levies, controlling the finances, appointing a managing agent and enforcing the rules.

Trustees may not amend the rules, only enforce them. The trustees must ensure the smooth running of the scheme.

Often trustees divide the workload by allocating portfolios to each trustee. This helps to avoid a situation where one person does all the work. For example, one trustee could be entrusted with the insurance portfolio and another can be responsible for maintenance.

The management rules state that every trustee is indemnified by the body corporate against all costs, losses and claims incurred unless they are incurred by the gross negligence of that trustee.  

Trustees are often on the receiving end of much abuse and criticism from owners who do not fully understand where a trustee's duty begins and ends, remembering that owners themselves have duties in terms of  the Act and management rules.