You are cordially invited...

01 October 2020 | Zerlinda van der Merwe

Recently I was involved in a discussion regarding the method of delivery of the notices of general meetings of the members of bodies corporate, and there seems to be a bit of confusion around this topic, so I thought I would look at a brief breakdown of the requirements under the Sectional Titles Schemes Management Act 8 of 2011 (“the Act”).

If an annual general meeting is called, where only the items of prescribed business will be dealt with, the notice, including an agenda, a proxy form and a copy of comprehensive summary of any document to be considered or voted on, must be sent to owners via email, If the method of delivery of notices has been selected by such owner, in writing, as email. If the owner has selected that the notice/s be posted, then that's what must happen. The owner can be contacted and requested to accept service via email to reduce the costs associated with printing and postage.

However, if an annual or special general meeting is called, which agenda includes special business, namely special or unanimous resolutions, the notice (including all documents as above) must be sent by pre-paid registered mail to the section of the owner within the scheme, or to an alternative address so indicated in writing, or by hand delivery. This is not an optional delivery method. The notices can be sent via email, as an additional method of delivery, and NOT as an alternative.

This may sound terribly archaic and often I have been asked whether the body corporate may amend its rules to allow only delivery by email, but as the Act provides for the above, the rules of the body corporate cannot provide to the contrary.

If you have any queries in this regard, or any questions regarding notices of meetings generally, contact us on 061 536 3138 or email info@tvdmconsultants.com.