Examples of STSM Act in a sentence
Section 10(3) of the STSM Act sets the requirement that the management or conduct rules “must be reasonable and apply equally to all owners of units.” There needs to be a rational basis for the rule, and the application of the rule should be based on what is appropriate and fair in the circumstances of the scheme and for the members of the body corporate.
The current public liability insurance of the complex is more than R10 million, same being the minimum requirement as per Rule 23 (6) of the STSM Act.
An example is the SectionalTitle Schemes Management (STSM) Act 8 of 2011, which was gazetted and signed by the President in June 2011, as discussed in section 1.2 of Chapter 1.
Section 10(1) of the STSM Act states that a scheme must as from the date of the establishment of the body corporate be regulated and managed, subject to the provisions of the STSM Act, by means of rules.
PMR 25(4) states thar a member is liable for and must pay to the body corporate all reasonable legal costs and disbursements, as taxed or agreed by the member, incurred by the body corporate in the collection of arrear contributions or any other arrear amounts due and owing by such member to the body corporate, or in enforcing compliance with these rules, the conduct rules or the STSM Act.
In this matter, the very least that would have to be established is a provision of the STSM Act, a rule of the body corporate, or a term in an agreement that authorises the relief Lion Ridge now claims.
Section 1 of the STSM Act defines the rules to mean the management rules and conduct rules referred to in section 10(2)(a) and (b) of the STSM Act, respectively.
Nature of rules Regulation 6(1) made under the STSM Act states that rules, as prescribed and as amended by a body corporate in accordance with section 10 of the STSM Act, must be considered to be and interpreted as laws made by and for the body corporate of that scheme.
The interpretation of the word “regulation” used in section 10(2) of the STSM Act must not be extended to incorporate the concept of “prohibition” or to imply that rules can take away sectional owner’s existing rights.
The executive managing agent is subject to all the duties and obligations of a trustee in terms of the STSM Act and the rules of the scheme.