How to Remove the Chairperson of a Body Corporate
By Jennifer Paddock
Here at Paddocks we get this question often. It goes something like this:
Question:
I would like to know the correct procedure for removing a chairperson and removing him from the trustees. I have valid proof for reasons to remove him for autocratic / dictatorial behaviour, not performing assigned tasks or ensuring that the maintenance and safety of the complex is completed. He has victimized people and is not enforcing rules with regard to the Act. Thank you.
Answer:
The chairperson of a sectional title scheme can be removed in one of two ways, either:
- by majority vote of the trustees at a trustee meeting, or
- by ordinary resolution (majority vote) of owners at a general meeting of the body corporate – provided that the intention to vote upon this removal has been disclosed in the notice calling the meeting.
Removal of the chairperson from the office of chairperson does not automatically remove him/her from the office of trustee. A trustee may be removed from office by ordinary resolution at a general meeting of the body corporate, provided again that the intention to vote upon this removal has been disclosed in the notice calling the meeting.
So in the situation you describe, where you would like to remove the chairperson from the offices of both chairperson and trustee, this would best be done by the body corporate in general meeting taking an ordinary resolution to the effect that the chairperson is removed from both offices. The intention to vote upon the removal of the chairperson from both offices would have to be disclosed in the notice calling the meeting for the removal to be valid.
The general meeting will need to be called by the trustees. You do not mention in your question whether or not you are a trustee. If you are and your co-trustees support you in your initiative – the trustees can call a special general meeting for this purpose. But if the trustees do not support this initiative and you are not a trustee, then you would have to rally the support of owners holding 25% of the quotas in the scheme and request in writing that the trustees call a meeting for this purpose. If the trustees fail to do so within 14 days of the request then the owners concerned will be entitled to call the meeting themselves.
Have you ever had to remove a chairperson? Or have you been removed from this office yourself? Share with us by commenting below.
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Thinking Inside the Box 
where is your FB page
Hi Vivienne, you can reach our Facebook page here: https://www.facebook.com/PaddocksSectionalTitleTraining/
Hi, my name is Janet and residing in Central Durban in block of flats, my flat Im renting belongs to body corporate, it was caretaker now they have rented it out to recieve extra cash for building. I have a problem with chairlady, she very abusive and her behaviour is uncontrable. They are other trustees in the building but she calls a shot there cus everyone is terrified of her. She got me this flat and we had a fall out cus last year 30th November she was so drunk at 21:20 pm and knocked hard on my door and told to removed my sons car cuz she wants to park her visitors cars and Iam paying for that parking every month. I addressed this matter to the office which chairman is her boyfriend and he apologized for her. Ever since then she been on me, telling me that I shouldnt of done what I did, and she sms me and said I am sleeping with her boyfriend, my kids approached cuz I was in tears for what she done.
Now she tells me that I am overcrowed in my flat and yet not one extra person has been added, and she is aware of how many poeple are risiding in the flat, she and her boyfriend then said that my five year old daughter has grown so I need to find a another flat, I know for a fact that this is personal its not about being overcrowded, I then told them that when I moved in I was not told or in my lease that if my daughter grows to certain age she will make us overcrowed. (when i moved in she was 3 yrs old) I was told this when she turn 4 years.
Other reason I writing this to you is on 11th August 2016 a young girl was stuck in the lift and she didnt call lift service, I can proof this because I had to call them trying to find out what time they will reach the flat, to my suprise I was told that no one had called and yet security said she was informed, and came down to see and went back to her flat.
She calls the workers by “F” word and threaned to fire them if they do answer her.
Today I was informed by supervisor that she told him not to give me my post and this by her order and she through my post in the bin. I have called the agent and I was told she is the chairlady of the building and Wakefield only there to collect levies nothing else.
Most owners dont reside in the building, they are not aware of what thier chairlady is doing.
Please help what do we do to make her step down.
Dear Hycianthia,
Thank you for your comment. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.
Kind regards,
Paddocks
Hi there, I have been Chairperson of a Sectional title complex for last 3years, and believe I did a good job, maintaining the conplex, safety and capital Investment of all owners in the complex. Because I did enforce the complex rules, certain owners and one of the 3 trustees has been taking offence to have to follow the rules and at the AGMath he had gone before the meeting around to all owners and bad mouthing me that I have no humanity and just fine people as I see fit, which is not true. Long story short I was ganged up out of the blue at the AGM without any prior notice of intent, removed as trustee and chairman along with third trustee. Trustee instigating the matter then appointted his chosen trustees, and these are some of the top offenders of complex rules.
At the same AGM meeting they decided to not adhere to complex rules regarding parking, and used the words ‘bending’ the rules.
I have more than number of pets allowed by rules but had previous trustee approval, according to rules this is allowed. During agm it was decided because I had approval I can continue keeping my pets. Not even a week later I get a warning to get rid of the pets. They are two inside cats, one wondering cat and a quiet dog, I asked trustees approval as there was a break in and I felt unsafe.
A week after that on a sunday new trustee had her grand children and new owners kids break another complex rule by playing in the street with black bikes making atterrible noise and after two hours I went out to quiet them down, an argument ensued, which I recorded, and subsequently the new trustee slapped me.
I now have a SAPS case against trustee for assault and victimization and would like to know;
1)Was the meeting where I was blindsighted and voted of by means of proxy to third trustee valid and was correct procedure followed?
2)Can the trustee be removed due to the fact they are breaking complex rules willfully, victimised myself and also assaulted me?
What can I do about this terrible situation?
Hi Liandra,
Thanks for your comment. We suggest contacting our consulting division on consulting@paddocks.co.za or 021 686 3950 for formal advice, as your question has too many factors.
Many thanks,
Paddocks
Dear Sir,
We have a trustee (one of 5) who is incredibly disruptive. One incident we voted to move a member of staff from gardening to maintenance. (4 against 1) This message was agreed with the staff member. She then told him a week later he has to work in the gardens once a week. She is causing endless fights with the staff. In the last 4 years upwards of 7 other trustees have resigned due to her interference. Can the trustees vote her off at a trustee meeting or do we have to have a general meeting.
Hi Gina, thanks for your question. We answer one question a day on our Facebook page for free. Please Like our Page on FB and re-post your question on our wall. One of our consultants should answer you within a few days. Thank you!
If ther is 4 trustees, including the chairman. And it is decided the vote for removing the chairman. Does he get a vote, or is it just the remaining 3 that vote.
Hi Katherine, thanks for your question. We answer one question a day on our Facebook page for free. Please Like our Page on FB and re-post your question on our wall. One of our consultants should answer you within a few days. Thank you!
Hi Sandy, thanks for your question. We answer one question a day on our Facebook page for free. Please Like our Page on FB and re-post your question on our wall. One of our consultants should answer you within a few days. Thank you!
Is it necessary for a Chairperson to own property in the complex? Do owners have the right to see the contract between the managing agent and the trustees? We were told that the existing contract is confidential due to the competition in their field gaining access to details of how they operate.
Can a trustees request a SARS report for the complex.
Yes we as trustees have recently been voted out of office . Would like to know are you available for a one on consultation with us?
Hi David, sorry to hear about the situation at your scheme. Our consulting team will certainly be able to assist you. I will pass on your email address to them and they will be in touch with you shortly. Alternatively you are welcome to call us on 021 686 3950 or email: consulting@paddocks.co.za, Thank you.
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Is it the duty of the chair to ensure the maintenance, safety and or enforcement of rules? What about the duty of a managing agent? What does administration of common property entail? If the contract of the agent stipulates that he will: ensure that all owners and occupants comply with all management and conduct rules? Does a managing agent have a duty in terms of the law have a duty to inspect common property to ensure the compliance to the law?
Wilna, you should ask for a copy of the contract of the managing agent with the trustees / BC. Also ask for copies of contracts with gardener, pool cleaning company, caretaker, security company. Ask for copies of minutes of trustees meetings for last 5 years.
The answer is – your MA might have a contract to ONLY collect levies, and do financials and ONLY send emails of warning if the trustees complain, and nothing else.
Why don’t you personally make copies of the conduct and management rules and distribute, or ask MA to send out by email. Email NAMA and EAAB with the contract and full details, they might be able to help.