Property glossary
Trustee
Also known as: body corporate trustee, scheme trustee
An owner or appointee elected to the body that manages a sectional title scheme's day-to-day affairs on behalf of all owners.
Definition
A trustee is a member of the board of trustees that governs a sectional title body corporate. Trustees are elected at the AGM and act collectively to administer the scheme — raising and collecting levies, maintaining the common property, enforcing the rules, and keeping proper financial records — usually with a managing agent handling the day-to-day work. They owe fiduciary duties to the body corporate and must act in the interests of all owners, not their own.
In the South African context
Under the Sectional Titles Schemes Management Act (STSMA, Act 8 of 2011) and its management rules, the functions and powers of the body corporate are exercised by the trustees, who must act honestly and in good faith. A trustee need not be an owner unless the rules require it, but at least the prescribed proportion must be owners or their representatives. In homeowners' associations the equivalent role is the director or committee member appointed under the HOA's constitution or MOI.
Example
At the AGM five trustees are elected; they meet monthly, approve a R45 000 quote to repaint the common-property roof, and instruct the managing agent to issue a special levy if reserves are insufficient.
Why it matters
Trustees hold the legal authority to bind the body corporate, so their decisions, quorum and conflict-of-interest compliance directly determine whether scheme expenditure and rule enforcement are valid.
Informational only — not legal advice. Confirm specifics against the current Act and your scheme’s rules.
Sources
- STSMA — Sectional Titles Schemes Management Act 8 of 2011 — body corporate functions exercised by trustees who owe fiduciary duties