Trustees have to safeguard residents and property
Trustees must establish efficient communication systems that keep residents informed during and after an emergency.
Following the recent fire at a sectional title complex in Midrand, which resulted in loss of life and significant property damage, attention has turned to the legal responsibilities of trustees in ensuring the safety of both residents and the property.
According to the Sectional Titles Schemes Management Act (STSMA) No 8 of 2011, Trustees of Sectional Title Schemes have a fiduciary duty to act in the best interest of the scheme, which includes maintaining the safety of common property and ensuring that the building complies with fire safety regulations.
Failure to meet these obligations can result in legal liabilities for the trustees, especially if negligence is proven, explained Pearl Scheltema, CEO, Fitzanne Estates.
“Trustees are entrusted with the responsibility of maintaining not only the propertys structural integrity but also ensuring the safety of all who live in the complex.
“This includes ensuring that fire prevention systems are in place and that the complex is compliant with all relevant health and safety regulations.”
Scheltema’s advice emphasises the legal implications trustees face should they fail to meet these responsibilities, as well as the importance of clear emergency procedures and proper insurance to cover damages and liabilities.
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Fire safety systems
Fire safety systems like alarms, extinguishers, and sprinklers are crucial in preventing loss of life and property.
Scheltema stresses that ensuring these systems are operational and compliant with legal standards is a trustee’s top priority.
“Trustees must conduct regular inspections and maintenance of all fire safety equipment. This is the foundation of a well-managed scheme and could mean the difference between a minor incident and a catastrophe,” says Scheltema.
Insurance
Adequate insurance coverage is non-negotiable for any Sectional Title Scheme. Trustees should work closely with insurers to ensure policies are updated and reflect the value of the property and potential risks, including fire damage.
“Without comprehensive insurance, trustees leave their complexes vulnerable to severe financial losses. Make sure your policy covers all possible scenarios, especially fire hazards,” Scheltema advises.
Emergency plan
Every complex needs an actionable emergency plan that all residents understand. Trustees must coordinate with emergency services to ensure quick response times and minimal damage.
“Having a plan isn’t enough – trustees need to communicate this plan clearly and rehearse it with residents regularly,” says Scheltema. “Knowing what to do in the heat of the moment can save lives.”
Clear communication
Trustees must establish efficient communication systems that keep residents informed during and after an emergency. A reliable point of contact and clear instructions is essential.
“When disaster strikes, chaos often follows. Having a clear communication strategy can significantly reduce confusion and help residents act calmly and safely,” adds Scheltema.
Disaster recovery
Once the immediate danger has passed, trustees must ensure swift recovery efforts, from assisting displaced residents to working with insurance providers.
‘It’s critical to have a disaster recovery plan in place. Trustees should know how to start repairs, handle insurance claims, and support residents through this challenging time,” says Scheltema.
How managing agents support trustees in meeting legal obligations
Managing agents or property management professionals are crucial in helping trustees navigate their legal responsibilities, particularly in ensuring compliance with fire safety regulations and the overall maintenance of the complex.
They handle regular inspections of safety equipment, coordinate with insurers, and ensure that all necessary documentation is up to date.
Importantly, managing agents can assist trustees in drafting and implementing emergency response plans, ensuring that both residents and properties are protected.
Beyond day-to-day operations, managing agents often offer sectional title training courses to equip trustees with the knowledge and skills needed to manage their schemes effectively.
These training courses cover key topics like compliance with the Sectional Titles Schemes Management Act, health and safety requirements, and best practices for insurance management.
“An experienced property management agent, along with tailored sectional title training courses, helps trustees stay on top of critical tasks such as fire safety compliance, insurance updates, and managing emergency response plans,” says Scheltema.
“They provide the expert guidance needed to protect both the property and its residents, ensuring trustees are never left to navigate these responsibilities alone.”
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