Can Trustees Say No? Understanding Their Powers and Limits

What Trustees Can Decide On Their Own

Trustees are elected to manage the day-to-day affairs of the body corporate, and the Sectional Titles Schemes Management Act (STSMA) gives them fairly broad operational authority to do this. Generally, trustees can make decisions on:

• Routine maintenance and repairs to common property

• Enforcing existing scheme conduct rules (noise, parking, refuse disposal, etc.)

• Approving day-to-day expenditure within the approved budget

• Appointing service providers such as gardeners, security companies, or a managing agent

• Handling correspondence and administrative matters on behalf of the scheme

These are considered "ordinary" decisions - the kind needed to keep a building functioning. Trustees don't need to call a general meeting every time a gutter needs fixing or a contractor needs paying.

What Requires Owner Approval or a Special Resolution

Where trustees cannot act alone is on matters that affect the scheme's structure, finances, or the rights of owners in a significant way. These typically require approval at a general meeting, and in many cases a special or unanimous resolution, including:

• Amending or adding scheme conduct rules

• Approving the annual budget and raising special levies above certain thresholds

• Major capital projects (structural alterations, large-scale renovations)

• Selling, leasing, or encumbering common property

• Changes to exclusive use areas

• Borrowing money on behalf of the body corporate above prescribed limits

This is where a lot of tension arises. An owner might assume trustees are "overstepping" when in fact they've correctly escalated a decision to a general meeting; or, less often, trustees genuinely do act beyond their mandate. Either way, the STSMA and the scheme's own rules are the reference point, not personal opinion on either side.

Why the Rules Matter More Than the Relationship

It's tempting to frame trustee decisions as a matter of trust or personality: "the trustees are being difficult" or "the owners never listen." But sectional title governance isn't meant to run on goodwill alone; it runs on the STSMA, the Sectional Titles Act, and the scheme's management and conduct rules. When decisions are grounded in these frameworks and clearly communicated, most disputes lose their heat quickly.

This is one of the reasons professional oversight matters. Experienced body corporate management in Pietermaritzburg helps trustees apply the correct process consistently, so decisions are defensible and owners understand exactly why something was approved, declined, or referred to a general meeting.

How Owners Can Challenge a Decision

If an owner believes a trustee resolution was improper, outside their powers, procedurally unfair, or in breach of the scheme rules, there are proper channels to follow before things escalate into open conflict:

1. Raise it formally with the trustees or managing agent, in writing, referencing the specific rule or section believed to have been breached.

2. Request the matter be placed on the agenda of the next general meeting for discussion or a vote.

3. Approach CSOS (Community Schemes Ombud Service) if the matter remains unresolved. CSOS can adjudicate disputes relating to trustee conduct, scheme rules, and financial matters, and its rulings are legally binding on the parties.

Going through these steps; rather than social media or ad hoc confrontation - protects both the owner's rights and the trustees' ability to govern effectively.

Getting the Balance Right

Good governance in sectional title schemes isn't about trustees having unlimited power, nor owners having veto rights over every decision, it's about everyone understanding where the line sits. Clear processes, proper record-keeping, and professional property management make that line far easier to see, whether your scheme is in the Pietermaritzburg city centre or elsewhere in KwaZulu-Natal.

If your trustees or owners' committee would benefit from clearer governance support, contact our team at Cenprop Residential (a NAMA registered property management practice) to discuss how our sectional title and property management services can help your scheme run with less friction and more clarity.