Setting the record straight
28 May 2021 | Nicole Tavares
The Sectional Titles Schemes Management Act and the Community Schemes Ombud Service Act (“CSOSA”) requires that a body corporate keep certain items on record, in order for the scheme to be compliant.
As a trustee and/or managing agent, you should ensure that the body corporate has the following on record:
Sectional plans, including amending plans, if any
As approved by the Surveyor General and registered with the Deeds Registry.
Amended and consolidated management rules
Which must also be submitted to the Community Schemes Ombud Service (“CSOS”) and when amended by the members, must be approved by the CSOS.
Amended and consolidated conduct rules
Which must also be submitted to the CSOS and when amended by the members, must be approved by the CSOS.
Minutes of all trustee and member meetings
In our opinion these should be kept for perpetuity.
Written resolutions
These are to be kept for perpetuity.
Voting results
These are to be kept for perpetuity
Lists of trustees, members and tenants
This includes full names; ID/passport numbers; section/mailing addresses; telephone numbers; email addresses.
This is to be kept in compliance with the Protection of Personal Information Act (“POPIA”) for only so long as persons are members/tenants.
Lists of sections, indicating whether they are primary or utility sections, participation quota and the registered member/s names.
This is to be kept in compliance with the POPIA for only so long as persons are members.
Lists of exclusive use areas, with description of purpose and number, with an indication of whether they are registered or rule-based
Lists of registered bondholders, including names and addresses
This must be provided by the owner.
Details of future development rights and holders, if any
Contracts entered into on behalf of the body corporate
Power of Attorney submitted by any owner, if any until the person is no longer an owner and/or the power of attorney is withdrawn.
Court and Adjudication Orders, if any
Legal opinions sought by the body corporate; if any
Correspondences sent or received by the trustees and/or managing agent
Insurance policies
Including fidelity insurance as required by CSOSA.
Insurance claim forms
Income tax returns, if any
Budgets
Separate budgets for administrative and reserve funds
This must be kept for 6 years.
Audited Annual financial statements
This must also be kept for 6 years
Waivers of members, if any
Applications of owners and approvals by trustees/body corporate
Books of accounts recording income, expenditure, assets and liabilities, and disclosing all amounts recovered from members, and including individual accounts for each member
There should be separate books of account for administrative and reserve funds.
This must be kept for 6 years.
Maintenance, repair & replacement plan
As updated and approved by the members annually, indicating a period of 10 years.
Trustees' report
Presented to the members annually.
Building plans approved by the local authority
Encroachment permits, if any
Plans indicating the location of pipes, wires, cables & ducts
Warranties, manuals, schematic drawings, operating instructions, service guides and guarantees
Notices of trustee and member meetings
Attendance registers of member meetings
Proxies submitted for member meetings
It is the duty of the trustees to ensure that the records of the scheme are kept up to date and on record, even if the physical files are kept at the office of the scheme's managing agent.
Any of the above records are available for inspection and copies, at a fee, by any owner or person authorised in writing by an owner, provided that the provisions of the POPIA are complied with.
Please note that this list may not be exhaustive depending on your scheme.
If you have any questions or would like to consult with us, please contact us on 061 536 3138 or email info@tvdmconsultants.com.