Virtual Reality | Part 3

10 July 2020 | Zerlinda van der Merwe

This is the third and final article in the series where I take a look at virtual meetings. We first took a look at virtual meetings in general, we then looked at remote attendance at general meetings held in community schemes, and in this article, we will be taking a look at a few requirements for voting.

At the outset, we must remember that voting at a general meeting of members of a body corporate, can no longer be done by a show of hands. A voting card must be issued to a member or their representative when they register for the meeting. This voting card must be completed indicating who is voting, or on behalf of who is the vote being cast, the participation quota representation of the owner, the item/s being voted on, and the vote in favour or against. No abstentions are allowed and / or counted. The voting card, once completed, forms part of the records of the body corporate, available for inspection and copies by any owner or person authorised by such owner. There is no such thing as anonymity when casting your vote in a sectional title scheme, and no more following the crowd by raising your hand with the majority of owners at a meeting.

How is this done during a virtual meeting? Well, the vote can be done as part of the instructions given to a proxy holder, when completing the prescribed proxy form, the voting card can be sent as part of the meeting pack, completed and submitted before or during the course of the meeting, provided the owner or their representative is present for quorum purposes, or the "chat" function on the meeting platform chosen can be used and recorded as part of the scheme's records. As long as the vote is recorded in writing, tabled before or during the meeting for calculation, and a quorum is met at the time of presenting the item of business for a vote, the requirements of the Sectional Titles Schemes Management Act will be met.

Please feel free to share your thoughts with me, and if you require legal advice and assistance with this topic, please do contact me at zerlinda@tvdmconsultants.com or 082 402 4954.