Sectional title bodies corporate and their trustees should ensure that they have clear, written contracts with their managing agents according to Peter Nathan, MD of Sectional Title Services because the provisions of the Sectional Titles Act deal only with the appointment or removal of such an agent. Unfortunately the provisions do not specify the agent's actual duties in respect of the body corporate served. Such agreements must be individually negotiated as the circumstances vary from body corporate to body corporate.
Article on Property24
Trustees are the managers of any Sectional Title Complex. However, they are volunteers and usually not well versed in the intricacies of the Sectional Title Act 95 of 1986 as amended. Managing Agents are, or should be, well versed and qualified in all things pertaining to the Management of Sectional Title Complexes. A Managing Agent first of all, has to be a qualified Estate Agent and have a valid Fidelity Fund Certificate. If not, then the company or person is operating illegally. Secondly, the Agent should have completed the Tertius Maree or the Paddocks course in Sectional Title Management. Thirdly, the Agent or Agency should be a member of NAMA. Members have to adhere to a Code of Conduct which regulates their operation and behaviour in the market.
If the agent you are using does not comply with ALL of the above, you should seriously consider changing.
There are, unfortunately, still some unscrupulous operators out there who pretend to offer the best deal etc, but beware, you as a trustee could end up being held liable for the actions of these unqualified or uncertified agents.
Look for a NAMA member. They are regulated by the Code of Conduct. For more information contact NAMA or www.trymoreestates.co.za
I fully agreed with James 18/07 2011