Quotes and trustee approvals

Body corporate quotes, decided on the record

A body corporate's spending decision is only as strong as its record. Estate Manager keeps every step: quotes compared against the estimate, the trustees' declarations of interest, their resolution and the signed appointment letter, with the managing agent's written spending limit and the notice that improvements to the common property need.

Section 8(2)(b) Trustees disclose material interestsPMR 14(4) Decisions at a meeting or in writingPMR 21(3)(g) A written spending limit for the agentPMR 29(2) 30 days' notice of improvements
A quote request to build carports over the visitors' parking, marked appointed: the fund, the estimate, three of three quotes received, the outcome decided by written resolution, the checks before a decision and seven steps from drafted to closed.
A fictional carport build, from request to signed appointment letter.

Quote requests

Three quotes, compared against the estimate

A quote request says what is needed, which fund pays, the budget or plan item it draws on, whether it is urgent and why, and whether it improves the common property. Each scheme sets how many quotes it wants, three unless it says otherwise, and deciding on fewer needs a recorded reason.

Each contractor's record holds its registration and VAT numbers and its compliance documents, such as tax clearance and public liability cover, each with its expiry date. The comparison draws the quotes as bars against the estimate and warns of an expired document, or a missing tax clearance or liability cover.

  • Each quote with its amounts, validity, lead time, scope and exclusions
  • Checks before a decision: enough quotes, compliance and the fund's rules
  • Quote documents filed in the library's quotes and contracts folder
PMR 24(5) Reserve fund work follows the plan
The contractors of a fictional scheme in the dark theme, with their trades, contacts and compliance documents with expiry dates, and warnings where a tax clearance or liability cover is missing or expired.
Contractors and their compliance documents, with what is missing flagged.

The trustees' decision

Declared interests, then a resolution on record

Each trustee first declares whether they have a direct or indirect personal interest in the request. A trustee who declares one must take no part, and Estate Manager takes away their preference and their vote. The other trustees may recuse a trustee who declared none, with a reason, and the record keeps who stood aside.

The trustees then decide at their meeting, or by written resolution with a closing date, 7 days unless the scheme sets another. Each trustee reads the resolution and the proposed quote and votes from a phone or a laptop, recorded with their name and the time. The tally stays hidden from a trustee who has not yet voted.

  • A majority of the trustees, with the chairperson's casting vote on a tie at a meeting
  • A written resolution closes itself once a majority agrees
  • The signed copy of the resolution filed beside the record
PMR 6(3) No part in the decisionPMR 14(4) At a meeting or in writing
A carried written resolution in the dark theme, with its text, the proposed quote, the rule applied, the tally, the signed copy and the start of the trustees' votes, beside a trustee voting on an open resolution from a phone.
The same, on a phone.
A carried resolution on the record, and a trustee voting from a phone.

The agent's limit

Routine work within the managing agent's written limit

The trustees may delegate a power to the managing agent in writing, naming the power, the most that may be spent and any conditions. Estate Manager records the delegation with its limit including VAT, its wording, its dates and the signed resolution. A new delegation revokes the last, and the history stays.

Under it, the managing agent alone approves a quote when the request is ready, the amount is within the limit, the work is not an improvement and any reserve fund payment draws on the plan. The trustees are emailed each approval, and anything larger goes to them.

PMR 21(3)(g) Delegation in writing, with a maximum
An annual fire equipment service approved by the managing agent under the trustees' delegation, with one quote, the checks before a decision and the steps from drafted to approved.
A routine service approved within the delegation, with the trustees told.

Improvements to the common property

An improvement's 30 days, and the members' say

Rule 29 separates improvements that are reasonably necessary from those that are not. One that is not needs a unanimous resolution of the members, so Estate Manager sends it straight to a general meeting.

  1. Approval

    The trustees approve it

    A quote request marked as a reasonably necessary improvement is decided by the trustees, and the checks warn that notice must follow.

    PMR 29(2)
  2. Notice day

    Written notice to every member

    The estimated cost, how it will be paid for, including any special levy or loan, and the motivation with drawings. It is published to the owners and emailed to each owner with an email address. Members whom email does not give it in full get it by hand or by registered post, and the 30 days run until the last of them has had theirs.

    PMR 29(2)(a) to (c)
  3. Within 30 days

    Any member may ask for a meeting

    A member's written request for a general meeting, recorded by a manager, holds the work until the members decide.

    PMR 29(2)
  4. After 30 days

    The approval stands

    With no request, the trustees' approval stands, and the appointment letter can follow.

  5. At the meeting

    A special resolution decides

    The improvement goes ahead only if a special resolution approves it, with or without changes, and the poll's result decides the request.

    PMR 29(2)

What the law says

Conflicts of interest, trustee decisions and spending: the rules

Neither the Sectional Titles Schemes Management Act 8 of 2011 nor its regulations set a number of quotes. They do set how trustees deal with their own interests, decide and spend.

General information, not legal advice.

Section 8(2)(b)

Avoid conflicts, and disclose them

A trustee must avoid any material conflict between their own interests and the body corporate's, take no personal economic benefit from it or from anyone else, and tell every other trustee of any direct or indirect material interest in a contract of the body corporate as soon as they become aware of it.

PMR 6(3) and 14(3)

No part in the decision

A trustee with a direct or indirect personal interest in a matter must not be present at, or play any part in, its consideration or decision, and may not vote on a contract or dispute with the body corporate to which they are a party.

PMR 13(1) and 14

How trustees decide

By majority, at a meeting with a quorum of half the trustees and never fewer than two, where the chairperson has a casting vote on a tie unless there are only two trustees. Or by a written notice of the resolution, which the trustees agree to by signature before its closing date.

PMR 21(3)(g)

Delegation in writing

The trustees may delegate powers to a trustee, member, agent or employee, specifying in writing the power, the maximum amount of the body corporate's funds that may be spent for a purpose and any conditions, and may revoke the delegation at any time.

PMR 24(4) and 24(5)

Which fund pays

The administrative fund pays under trustee resolutions and the approved budget. The reserve fund pays under the approved maintenance plan, or for an urgent need the trustees resolve on, which they report to the members as soon as possible.

PMR 29(1) and 29(2)

Improvements

An improvement to the common property that is not reasonably necessary needs a unanimous resolution. One that is reasonably necessary waits at least 30 days after written notice to all members, and needs a special resolution at a general meeting if any member asks for one.

PMR 10(1)(b) and 21(3)(e)

Signed contracts

The body corporate enters into written and signed contracts. A document signed on its behalf binds it only when two trustees, or one trustee and the managing agent, sign it on the authority of a trustee resolution.

Free template

Appointment letter for a contractor

The letter Estate Manager writes from an approved quote, as a Word document for two trustees, or a trustee and the managing agent, to sign for the scheme.

DOCX
contractor-appointment-letter.docxWord · free download
  • The scheme, the date and the request's reference
  • The contractor's name, registration and VAT numbers, contact and address
  • The work, with the quotation's amounts, validity, lead time, scope and exclusions
  • The authority: the trustees' resolution, the agent's delegation or the members' resolution
  • Two signature blocks, as rule 10(1)(b) requires

Questions

Questions about quotes and trustee decisions

Anything else: ask us when you book a demo, or write to info@nanotech-computers.com.

Does the law require three quotes?
No. Neither the Act nor its regulations set a number of quotes. Three is common practice, so Estate Manager asks for three by default and lets each scheme choose from one to ten. Deciding on fewer than the scheme wants needs a recorded reason, which stays with the request.
What must a trustee with a conflict of interest do?
Tell the other trustees of the interest as soon as they know of it (section 8(2)(b)), and take no part in the discussion or the decision (rule 6(3)). In Estate Manager, a trustee who declares an interest is recused from that request, and the nature of the interest stays confidential to the trustees and the managers.
Can trustees decide by email or WhatsApp?
Rule 14(4)(b) allows a written resolution on its own terms: each trustee receives a notice with the text of the resolution and agrees by signature before its closing date. Estate Manager sends the text to each trustee, and each trustee signs their vote electronically, with their name or the signature they adopted, the time and the exact text. The managers can also file a signed paper copy beside the record.
Can the managing agent approve spending alone?
Only within a written delegation from the trustees that names the power, the maximum amount and any conditions (rule 21(3)(g)). Estate Manager allows it only within that limit including VAT, never for an improvement, and from the reserve fund only for a plan item. The trustees are emailed each approval.
Can owners see the quotes?
Owners see each decided request: the work, the contractor and the amount approved. The other quotes, the declarations and the votes stay with the trustees and the managing agent. A member may ask in writing for the full record under rule 27(4), and the Community Schemes Ombud Service's practice directive lists procurement decisions among the records members may request.
How long are quote records kept?
Rule 26(3) keeps the books of account and financial records for 6 years after the transactions they relate to. Estate Manager keeps a closed, declined or withdrawn request with its quotes, declarations, votes, letter and notice for 6 years, then removes them with their files.

What Estate Manager does not do with quotes

  • Payments. Approving a quote records the decision. Paying the contractor stays with the scheme's accounting.
  • Contractor sign-in. Contractors do not use Estate Manager. The managing agent or a trustee records each quote received, with its document.

See a quote go from request to appointment

A demo takes a fictional roof repair from three quotes to the trustees' resolution and the signed letter.