09 November 2026 | Zerlinda van der Merwe
Trustees play a vital role in the day-to-day management and governance of a sectional title scheme. However, can just anyone put their hand up to become a trustee? The short answer is no. South African sectional title legislation sets out specific requirements governing who may be elected to serve as a trustee. Not every owner, representative and/or person involved in managing a scheme is automatically eligible to serve as a trustee.
The Sectional Titles Schemes Management Act 8 of 2011 ("the STSMA") and its Prescribed Management Rules (PMRs) of Annexure 1 of its Regulations, set out the requirements governing trustee eligibility and office. These provisions address:
who qualifies to serve as a trustee,
who is barred/disqualified from serving, and
what happens when a trustee becomes disqualified or otherwise falls foul of the rules along the way.
Do you have to own a unit to be a trustee?
PMR 6(1) is explicit: no, a trustee need not be a member of the body corporate, and where a member is a juristic person (a company, cc, or trust), its legally recognised representative can serve instead. A spouse, a family member, or friend, nominated by an owner can be a trustee, provided that the nomination and election process is followed correctly.
How are trustees nominated and elected?
Any member may nominate a person for the office, but the nomination has to be in writing, include the written consent of the nominee, and reach the body corporate's service address at least 48 hours before the Annual General Meeting (“AGM”) starts. If not enough nominations are received in that way, further nominations can still be called for at the meeting itself, with the nominee's consent.
Trustees elected in the ordinary course hold office until the next AGM, and are eligible for re-election if properly nominated again. If a trustee leaves office mid-term, either the remaining trustees or the members in a general meeting can appoint a replacement.
Who is disqualified from serving as a trustee?
Three people are automatically excluded:
a managing agent appointed by the body corporate;
any employee of the managing agent, or
employee of the body corporate.
These people cannot serve as trustees, unless that person is also a member in their own right (i.e. a member of the body corporate).
This exists for an obvious reason, the people running the scheme's day-to-day administration should not also be “marking their own homework” at an executive level.
What happens when a trustee has a conflict of interest?
The PMRs also deal with conflict of interest as they arise, rather than only at appointment. A trustee with a direct or indirect personal interest in a matter before the committee must disclose that interest, recuse themselves and abstain from having any dealings or involvement from the discussion and/or the decision making process.
This requirement promotes transparency, impartiality and accountability in the decision-making process and helps protect the interests of the body corporate.
When does a trustee lose their seat?
PMR 6(4) lists the grounds on which someone automatically ceases to hold office, and it's a longer list than most owners expect:
Resigning in writing to the body corporate;
Being declared by a court to be of unsound mind;
Becoming insolvent, where that insolvency results in the sequestration of the trustee's own estate;
Being convicted, in South Africa or anywhere else, of theft, fraud, forgery, perjury, or any other offence involving dishonesty;
Being sentenced to imprisonment without the option of a fine;
Being removed from a position of trust over fraud or misappropriating money;
Being removed by ordinary resolution at a general meeting, provided the notice of that meeting specifically flagged the intended removal;
Becoming disqualified from serving as a company director under the Companies Act 71 of 2008, or
Fails or refuses to pay the body corporate any amount due by that trustee after a court or adjudicator has given a judgment or order for payment of that amount.
Considering appointing a professional trustee? TVDM Consultants offers a Professional Trustee service, helping bridge the gap between scheme management and administration while providing independent, informed guidance on governance, compliance and decision-making. Get in touch with info@tvdmconsultants.com today to find out how we can support your scheme.
Conclusion | Why does this matter for your body corporate?
Disputes over trustee eligibility come up more often than owners expect, usually when a scheme wants to remove someone. Getting the disqualification grounds right, and following the correct removal process, protects the body corporate from a challenge at CSOS down the line.
If your scheme is facing a trustee eligibility or disqualification issue, get in touch with info@tvdmconsultants.com TODAY.
About Nicole Tavares
Zerlinda van der Merwe is a Co-Founder and Director of TVDM Consultants.
