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:

  1. Sectional plans, including amending plans, if any

    As approved by the Surveyor General and registered with the Deeds Registry.

  2. 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.

  3. 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.

  4. Minutes of all trustee and member meetings

    In our opinion these should be kept for perpetuity.

  5. Written resolutions

    These are to be kept for perpetuity.

  6. Voting results

    These are to be kept for perpetuity

  7. 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.

  8. 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.

  9. Lists of exclusive use areas, with description of purpose and number, with an indication of whether they are registered or rule-based

  10. Lists of registered bondholders, including names and addresses

    This must be provided by the owner.

  11. Details of future development rights and holders, if any

  12. Contracts entered into on behalf of the body corporate

  13. Power of Attorney submitted by any owner, if any until the person is no longer an owner and/or the power of attorney is withdrawn.

  14. Court and Adjudication Orders, if any

  15. Legal opinions sought by the body corporate; if any

  16. Correspondences sent or received by the trustees and/or managing agent

  17. Insurance policies

    Including fidelity insurance as required by CSOSA.

  18. Insurance claim forms

  19. Income tax returns, if any

  20. Budgets

    Separate budgets for administrative and reserve funds

    This must be kept for 6 years.

  21. Audited Annual financial statements

    This must also be kept for 6 years

  22. Waivers of members, if any

  23. Applications of owners and approvals by trustees/body corporate

  24. 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.

  25. Maintenance, repair & replacement plan

    As updated and approved by the members annually, indicating a period of 10 years.

  26. Trustees' report

    Presented to the members annually.

  27. Building plans approved by the local authority

  28. Encroachment permits, if any

  29. Plans indicating the location of pipes, wires, cables & ducts

  30. Warranties, manuals, schematic drawings, operating instructions, service guides and guarantees

  31. Notices of trustee and member meetings

  32. Attendance registers of member meetings

  33. 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.

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