Circular 65 – How many days are required to call Owners and Trustees Meetings?

Dear Valued Managing Agent

1. With all the different timelines in the Sectional Titles Schemes Management Act, 2011 (STSMA) and the Prescribed Management Rules (PMR’s), it can become rather confusing as to how many days’ notice must be given for the different meetings required for Bodies Corporates.
2. Be it meetings of Owners or Trustees, such meetings are the backbone of the Body Corporate, to see efficiently to the proper management and administration of the Body Corporate and the good governance thereof.
3. A meeting incorrectly called, can cast doubts on the validity of the motions voted for at such meeting and the Community Schemes Ombud Service (CSOS) can be called upon by any interested party to declare such motion/s invalid.
4. The following applies in respect of Owners Meetings:
   4.1 Owners Meetings must be called on at least 14 days written notice – PMR15(1);
   4.2 An Owners meeting may be called on 7 days’ notice if the Trustees have resolved that short notice is necessary due to the urgency of the matter and have set out their reasons for such urgency in a Trustees resolution. (The resolution can be taken by round-robin or at a meeting of the Trustees – PMR15(7)(a);
   4.3 An Owners meeting may also be called on less than 14 days’ notice, if this is agreed to in writing by all persons entitled to attend the meeting (which can be done before or at the Owners meeting) – PMR15(7)(b);
   4.4 An Owners meeting with a special/unanimous resolution on the agenda must be called at least 30 days prior to the date of the meeting – Section 6(2).           
5. The following applies in respect of Trustees Meeting’s:
   5.1 A Trustee may call a Trustees meeting on not less than 7 days written notice to the other Trustees – PMR 11(1);
   5.2 In cases of emergency, a Trustee may give shorter notice as is reasonable in the circumstances – PMR 11(1)(a).
6. Should you have any questions in regard to the calling of Owners and Trustees meetings, please contact Alan Levy Attorneys and have your queries answered before the calling of a meeting. 
7. ALA also specialize in chairing Owners and Trustees meetings especially where there are complex and/or contentious issues on the agenda. 

Alan Levy Attorneys, Notaries and Conveyancers are experts in property law and community scheme law and offer managing agents expert advice and legal guidance on property law and community scheme law in line with South African legislation. 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.