One of the Trustees – who knows about these things – have advised us that we can no longer have the age analysis of arrear levies on our financial statements as this is in contravention of the POPI Act (POPIA)?

Let’s look at what the STSM Act states regarding what needs to be included in the financial statements:

PMR 26

  1. (1) A body corporate must—
  • prepare annual financial statements for presentation at the annual general meeting, which statements must include analyses of the —
  • amounts due to the body corporate in respect of contributions, special contributions and other charges, classified by member and the periods for which such amounts were owed;
  • amounts due by the body corporate to its creditors generally and prominently disclosing amounts due to any public authority, local municipality or other entity for services including, without limitation, water, electricity, gas, sewerage and refuse removal, classified by creditor and the periods for which such amounts were owed;
  • amounts advanced to the body corporate by way of levy finance, a loan, in terms of a guarantee insurance policy or otherwise, setting out the actual or contingent liability of the body corporate and the amounts paid by the body corporate and by any member in terms of such arrangement;

So point (i) clearly refers to the levy age analysis.

But ito POPIA personal information may not be divulged without the consent of the person.

So they way around this will be to de-identify the information.

Let the auditors include the age analysis but instead of it stating that Karien Coetzee owes R4000 on 60 days rather have it state that Unit 4 owes R4000 on 60 days