In November 2025 the Supreme Court of Appeal held that a decision at an informal meeting of the body corporate of a sectional title scheme did not constitute approval of building plans as required in law.
One of six sectional owners relied on an informal decision at a meeting of all owners as approving proposed extensions to his unit which would affect all owners’ participation quotas by diluting the percentage of the floor areas of the owners. Section 24 of the Sectional Titles Act of 1986 read with section 5(1)(h) of the Sectional Titles Schemes Management Act of 2011 require a professionally prepared draft sectional title plan of an extension for official approval after approval by the body corporate. Section 3 of the STSMA provides that a body corporate must perform the functions entrusted to it for the benefit of all owners. The body corporate is obliged to act in terms of the law and in the interests of its members.
Despite the fact that all the owners were at the meeting at which informal approval was provided, this did not give any rights to the member seeking extension rights. The claim that approval had been given for the extension was dismissed. The ratification of the minutes of the informal meeting at a subsequent formal meeting did not constitute ratification of the resolution taken at the informal meeting. The adoption of minutes only signifies that the minutes reflect correctly the discussions that took place at the previous meeting.