1. The Rules contained in this Annexure shall not be added to, amended or repealed except in accordance with section 35 (2) (a) of this Act, and subject to the provisions of section 35 (3) and (5) of the Act.
2. In the interpretation of these rules, unless the context otherwise indicates-
(a) ‘Act’ means the Sectional Titles Act, 1986 (Act 95 of 1986), as amended from time to time, and any regulations made and in force thereunder;
(b) ‘accounting officer’ means a person who in terms of section 60 (2) of the Close Corporation Act, 1984 (Act 69 of 1984), is qualified to perform the duties of an accounting officer;
(c) ‘auditor’ means an auditor qualified to act as such under the Public Accountants’ And Auditors’ Act, 1951 (Act 51 of 1951);
(d) ‘registered mortgagee’ means any mortgagee of whom the body corporate has been notified in writing as contemplated in section 44 (1) (f) of the Act;
(e) ‘trustee’ includes an alternate trustee.
(f) words and expressions to which a meaning has been assigned in the Act, shall bear the meanings so assigned to them;
(g) words importing-
(i) the singular number only shall include the plural, and the converse shall also apply;
(ii) the masculine gender shall include the feminine, and neuter genders; and the neuter gender shall include the masculine and feminine genders;
(h) the headings to the respective rules are provided for convenience of reference only and are not to be taken into account in the interpretation of the rules.
3(1) The trustees shall from time to time determine the address constituting the
domicilium citandi et executandi of the body corporate as required by section 37
(1) (m) of the Act, subject to the following-
(a) Such address shall be situated in the magisterial district in which the scheme is situated and shall be the address of the chairman or other resident trustee duly appointed in general meeting or in the magisterial district in which the offices of any duly appointed managing agent are situated being the address of such managing agent;
(b) no change of such address shall be effective until written notification thereof has been received by the registrar;
(c) the trustees shall give notice to all owners of any change of such address.
(2) The domicilium citandi et executandi of each owner shall be the address of the section registered in his name: Provided that such owner shall be entitled from time to time to change the said domicilium but that any new domicilium selected shall be situate in the Republic, and that the change shall only be effective on receipt of written notice thereof by the body corporate at its domicilium.
Qualifications; appointment and election; tenure of office; remuneration; indemnity
4(1) The number of trustees shall be determined from time to time by the members of the body corporate in general meeting, provided that there shall be not less than two trustees.
(2) With effect from the date of the establishment of the body corporate, all owners shall be trustees who shall hold office until the first general meeting of the members of the body corporate as contemplated in rule 50 (1) whereupon they shall retire but shall be eligible for re-election.
(3) The chairman of the trustees referred to in rule 4 (2) shall be the developer concerned or his nominee, who shall hold office until the general meeting referred to in the said rule, when he shall retire as a trustee and as chairman, but shall be eligible for re-election in terms of rule 18.
5. Save for the provisions of rule 4 (2), a trustee or alternate trustee shall not be required to be an owner or the nominee of an owner who is a juristic person, in order to qualify for office as a trustee: Provided that-
(a) the majority of the trustees are owners, or spouses of owners; and
(b) the managing agent or any of his or her employees or employee of the body corporate may not be a trustee unless he or she is an owner.
(Para. (b) substituted by GN R1422 of 1997 and by GN 830 of 2000)