Body Corporate South Africa – How to Properly Deliver Notice to Owners, of an Owners Meeting

With the advent of email, the question arises in sectional title schemes, as to the proper way for a Body Corporate to give notice of an owners meeting. 

Is only emailing the notice to owners sufficient? What does the Sectional Titles Schemes Management Act, 2011 (STSMA) say?

Sources in the Sectional Titles Schemes Management Act, 2011 (STSMA)

Let’s look at some sources in the STSMA:

• Prescribed Management Rule (PMR) 4(5) provides, that the service address for delivery of a document to an owner, is the address of the section and that an owner may in writing, change that address, for the purposes contemplated in S6(3)(c) and 6(4) of the STSMA, to another physical or postal or email address;

• PMR15(6) provides, that notice of an owner’s meeting, must be delivered to owners at their service address in terms of PMR4(5);

• Section 6(3) of the STSMA provides that notice of an owners meeting, where a special/unanimous resolution will be taken, must be:

• 6(3)(a) – Delivered by hand to the owner;
• 6(3)(b) – Sent by registered post to the owner’s section; or
• 6(3)(c) – Sent by registered post to a physical/postal address, that the owner has chosen in writing, for the purposes of such notice;
• Section 6(4) of the STSMA provides, that in addition to Section 6(3) above, a notice of an owners meeting, with a special/unanimous resolution, may also be sent to an owner by email.

From the above sources, we can now answer our question above:

Owners Meeting Where No Special/Unanimous Resolution Will Be Taken

In terms of PMR15(6), where NO special/unanimous resolution will be taken, it is sufficient to deliver the notice only at the owner’s service address in terms of PMR4(5).

Importantly, the notice has to be delivered to the address of the section. If the owner has changed their service address in terms of PMR 4(5)  to another address or an email address, this change is only effective for the purposes contemplated in S6(3)(c) and 6(4) of the STSMA, being for notice of meetings with special and unanimous resolutions on the agenda.

Importantly it is therefore insufficient to only email the notice to the owner, for meetings where NO special or unanimous resolution will be taken.

Owners Meeting Where a Special/Unanimous Resolution Will Be Taken

In respect of an owners meeting where a unanimous/special resolution WILL BE  TAKEN, notice of the meeting must be:

• Delivered by hand to the owner; and
• Sent by registered post to the owner’s section or sent by registered post  to an address chosen by the owner for the purposes of such notice;
• In addition, the notice to the owner may also be sent per email.

Importantly, it is therefore insufficient to only email the notice to the owner,  where a special/unanimous resolution will be taken.

It is always important to call owners meetings correctly. Section 39(4)(b) of the Community Schemes Ombud Service Act, 2011 provides that a party may make an application to the CSOS for an order declaring that a meeting of the owners was not validly convened and in terms of Section 39(4)(c) declaring the resolutions purportedly passed at the owners meeting invalid.

Alan Levy Attorneys: Sectional Title Specialists and Expert Community Scheme Attorneys 

Alan Levy Attorneys offers expert advice and legal guidance to Sectional Titles Schemes, Home Owner’s Associations, and Community Schemes in line with South African law. 

Remember, this article is a summary only and does not constitute legal advice. For legal advice on how to handle your matter, please contact Alan Levy Attorneys.