The participation quota is expressed as a percentage with 4 decimal places and determines the following:
a) The value of the vote of the owner of the section.
b) The undivided share in the common property of the owner of the section.
c) The proportion in which the owner of the section shall make contributions for purposes of running costs of a body corporate.
What is the correct method of determining Participation Quota. Should one use Floor area or Roof area
Hi Pat,
Thanks for your email. The PQ is determined by a Land Surveyor and submitted to the Surveyor General. Those PQ values are recorded in the sectional plans of your body corporate.
You can only use the registered values of the sectional plans.
Hope this helps.
Michael
Hi Pat,
Can a body corporate decide to not use the participation quota, and divide the total running cost of the complex by the number of units, ensuring each owner pay an identical amount? Obviously this would require a Special resolution by the body corporate, and all sectional title owners would need to be informed in writing.
Hi Jonathan,
Thanks for your email. According to section 32 of the Act, the PQ shall determine the owners vote and share of the expenses. However, sub-clause 4 states ”
“or the members of the body corporate may by special resolution,
make rules under section 35 by which a different value is attached to the vote of the owner of any
section, or the liability of the owner of any section to make contributions for the purposes of section 37
(1) (a) or 47 (1) is modified: Provided that where an owner is adversely affected by such a decision of
the body corporate, his written consent must be obtained”
In other words, it is possible.
Hope this helps.
Michael
When the trustees resolve to impose a “special levy” for an unbudgeted expense, are they obliged to use the PQ to determine each owner’s share or can they ask everyone to contribute equally?
Hi there,
In a complex of 28 commercial properties where all the satands are free hold and individually owned, and where each owner of the properties is totally responsible for their own properties and buildings – including rates and taxes, can the constitution be changed from a 1 vote 1 stand 1 levy to a PQ system of aportioning the levy based on foot print size of land of each of the 28 stands If so what are the requirements legally to change from the 1 vote 1 stand 1 levy to a PQ system. The consideration is really maintenance of the privately owned space comprising walkways and roads and parking?
Thanks Peter
How many proxy’s can one (1) unit have at the AGM.
At our most recent AGM one couple had 9 proxy’s… Is this allowed?
Dear Jeanarie,
Thanks for your email. At the moment there is no limit as yet.
In other words, it is legitimate.
Hope this helps.
Michael
Dear Peter,
Thanks for your email. In principle, the constitution can be changed to allow for a different allocation key. Depending on your constitutional requirements for the change, i.e. 75% or 80% of the units to vote in favour for, you can pass a special resolution and affect the change.
This is usually quite difficult to obtain, because the bigger plot owners will obviously vote against it.
Hope this helps.
Michael
Hi Michael’
I live in a complex of seven Sectional Title units. My neighbour had a very expensive double carport erected and attached to his double garage about 2 years ago. He had this registered after the fact however his Partcipation Quota remains unchanged. Should he be paying more and if so please advice.
Regards Val
I live in a complex of 14 units. I bought the unit and it had a pool in it.
My PQ ratio includes the size of the pool. Is this correct?
Hi there,
I stay in a complex where we have 20 Full title and 24 Sectional title units, of the sectional units we have 8 units consisting of 2 blocks of 4 units each, 2 ground floor and 2 1st floor units per block, the other 16 units are all “loose standing” units. I have been selected as one of the trustees and we now need to raise a special levy for maintenance to be done, the contractor worked out a quote per building of what needs to be done as each units is on its own like I said except for the 8, being 2 blocks. Some of the owners have gone and done their own maintenance on their units, my question is can we just exclude those units from the special levy or should a special levy ALWAYS be calculated on a participation quota basis?
Hi
Why is the value of your unit and parking bay for insurance replacement values determined by PQ. Surely a parking bay (12m) does not have the same proportionate value as a unit (60m)?
Thank You
Jonathan
Hi,
If a Body Corporate has no special rules of its own, how is voting determined? By trustee vote or by PQ ?
We have 3 units only, where 2 units share a panhandle and a common area as well as their own exclusive use areas. The other unit has the highest PQ, nearly half, yet the two trustees that share the common area is asserting their rights in wanting to change everything, and beautify their side to the detriment and without the agreement of the 3 rd owner. They stick together on all decisions for obvious reasons, and voted in new managing agents, which is also taking their side.
Lastly, is there someone I can turn to for help, as at the moment I had to hand this over to an attorney that is charging me R1500 per hour!
Thanks
Mari