Better informed trustees reduce risk

[Updated: 25 August 2025]

When things go wrong in a sectional title scheme, we often hear “Nobody told us about that!” or “How were we expected to know?”

Trusteeship (or scheme executorship) is rarely glamorous. It is often a thankless task carried out by a few dedicated individuals for the benefit of many. Don’t get me wrong, trustees are essential, but achieving cooperation and harmony within a scheme can be very challenging.

Trustees and their responsibility

Trustees (or scheme executives, as they are formally known) are often blamed when something goes wrong. While they are ultimately responsible for many aspects of the scheme, trustees are volunteers acting on behalf of all the owners. Trusteeship is usually a small part of their daily lives, and they can only do so much.

This is why information is key. Knowing what a trustee’s responsibilities are is the first and most important step.

Section 14(1)(a) and (b) of the Community Schemes Ombud Service Act 9 of 2011 makes it abundantly clear that scheme executives must take active steps to educate themselves:

14. (1) A scheme executive must —

(a) take reasonable steps to inform and educate himself or herself about the community scheme, its affairs and activities and the legislation and governance documentation in terms of which the community scheme operates;

(b) take reasonable steps to obtain sufficient information and advice about all matters to be decided by the scheme executives to enable him or her to make conscientious and informed decisions.

In simple terms, trustees cannot simply show up to meetings and vote without preparation. They need to:

• Understand how the scheme operates.
• Be familiar with the legislation (such as the STSM Act, its regulations and rules, the CSOS Act and its regulations, and their scheme’s own governance documents).
• Gather sufficient information and, where necessary, seek professional advice before making decisions.
• This ensures trustees act responsibly, make informed choices, and ultimately protect both the scheme and its members.

Knowledge gaps and common mistakes

Many trustees, and even owners, are not aware of their own scheme’s rules. For example, trustees may not know whether their scheme uses the prescribed model rules or customised rules, or whether exclusive use areas are registered on the sectional plan or created in terms of the rules.

This lack of knowledge is understandable, particularly for new trustees. Terms such as units, sections, exclusive use areas, conduct rules, special resolutions, and so on may feel foreign at first. But the reality is that most errors and omissions happen because trustees don’t know what they don’t know.

Important responsibilities, such as maintaining common areas, ensuring safety, valuing buildings correctly, budgeting effectively, controlling finances, and enforcing rules, can make or break a body corporate. Working with professionals and being properly informed helps trustees avoid costly mistakes.

12 Resources that trustees can make use of

Here are some practical ways trustees can build knowledge and stay informed:

1. Obtain a copy of your scheme’s rules from your managing agent or scheme records.
2. The sectional plan – know where the sections and common property start and end.
3. Download the Acts and Regulations (available on various websites or via Addsure’s library).
4. Read The Sectional Title Handbook and other publications by Professor Graham Paddock (www.paddocks.co.za)
5. Read Demystifying Sectional Title by Marina Constas and Karen Bleijs.
6. Review insurance booklets and explainers from Addsure.
7. Download The Sectional Title Insurance Guide.
8. Join online communities such as Our Neighbourhood (via TVDM) and Paddocks Club (www.paddocksclub.co.za).
9. Enrol in a sectional title course through Paddocks, Stratafin or NAMA.
10. Attend sectional title webinars, workshops and events.
11. Follow sectional title pages such as Addsure’s Facebook page and YouTube channel.
12. Subscribe to blog articles, including those published here.

The costs of training, handbooks, or subscriptions should be regarded as a legitimate body corporate expense. Fortunately, many courses and workshops are free or subsidised.

Final thoughts

There is no shortage of information available online about sectional title. The challenge is identifying reliable, up-to-date sources. Trustees should make a habit of subscribing to regular updates, which will ensure they are alerted to important changes in legislation and industry practice.

Ultimately, the more informed trustees are, the lower the risk for the scheme – and the better the outcomes for everyone involved.