Can the trustees make exceptions or amend the code of conduct without owner approval?
ELA
EstateIQ Legislative Assistant
No — trustees cannot amend or make exceptions to the scheme's Code of Conduct (the conduct rules) without owner approval.
Under section 10(2)(b) of the Sectional Titles Schemes Management Act, 2011 (STSMA), conduct rules may only be substituted, added to, amended, or repealed by the body corporate, acting through a special resolution of its members (owners). Even after such a resolution, the proposed change only takes effect once the Chief Ombud has approved and certified it as reasonable and appropriate to the scheme.
The trustees, by contrast, have no independent authority to alter or make exceptions to the rules. Their powers are limited to administering, managing, and enforcing the existing rules in line with the Act and the scheme's management framework.
🔹 How the enforcement function works
Section 2(5) STSMA places the duty to enforce the rules on the body corporate itself.
Section 7(1) STSMA provides that the functions and powers of the body corporate must be performed and exercised by the trustees, subject to the Act, the rules, and any direction or restriction given at a general meeting.
Together, these sections mean that trustees act on behalf of the body corporate in carrying out its enforcement duties—they implement the rules but cannot change them.
This interpretation is reinforced by Management Rule 9(1), Annexure 1, which empowers trustees to perform all functions and exercise all powers of the body corporate, including ensuring compliance with the rules.
✅ In summary:
Trustees may enforce, but cannot amend or make exceptions to, the conduct rules.
Any amendment or exception requires:
- A special resolution of the owners (minimum 75% in both number and value), and
- Approval and certification by the Chief Ombud.
A trustee or trustee board that unilaterally alters or suspends the operation of conduct rules would act ultra vires (beyond its legal powers).
ELL
EstateIQ Legal Lookup
Sectional Title Schemes Management Act
STSMA Section 2(5)
The body corporate is, subject to the provisions of this Act, responsible for the enforcement of the rules and for the control, administration and management of the common property for the benefit of all owners.
STSMA Section 7(1)
The functions and powers of the body corporate must, subject to the provisions of this Act, the rules and any restriction imposed or direction given at a general meeting of the owners of sections, be performed and exercised by the trustees of the body corporate holding office in terms of the rules.
STSMA Section 10(2)
The rules must provide for the regulation, management, administration, use and enjoyment of sections and common property, and comprise
10(2)(b): conduct rules, as prescribed, which rules may, subject to the approval of the chief ombud, be substituted, added to, amended or repealed by the developer when submitting an application for the opening of a sectional title register, and which rules may be substituted, added to, amended or repealed by special resolution of the body corporate, as prescribed: Provided that such conduct rules may not be irreconcilable with any prescribed management rule contemplated in paragraph (a).
Prescribed Management Rule 9: General powers and duties
The trustees must—
(a) meet to carry out the body corporate's business, adjourn and otherwise regulate their meetings as they think fit, subject to the provisions of the Act, these rules and the common law of meetings;
(b) exercise the body corporate's powers and functions assigned and delegated to them in terms of section 7(1) of the Act in accordance with resolutions taken at general meetings and at meetings of trustees;
(c) apply the body corporate's funds in accordance with budgets approved by members in general meeting;
(d) appoint any agent or employee in terms of section 4(a) of the Act in terms of a duly signed written contract; and
(e) compile minutes of each trustee and general meeting in accordance with rule 27(2)(a) and distribute these to the persons entitled to notice of the meeting concerned as soon as reasonably possible, but not later than 7 days after the date of the meeting.