Access to the recording of a meeting

One of the owners wants a recording of the AGM. They are stating that it is part of the records of the Body Corporate and all owners ito the STSM Act have the right to access the records of the BC.

This owner can be referred to the Prescribed Management Rules in the Act (PMR) that state exactly which records the Body Corporate must keep and which records owners there have access to.

Look at PMR 26 and 27 for this

  1. (1) A body corporate must—

(a) keep proper books of accounts that‑

  • record all its income, expenditure, assets and liabilities;
  • disclose all amounts recovered from members by the body corporate or any managing agent or other service provider acting on its behalf;
  • include individual accounts for each member; and
  • contain all other information necessary to allow members to assess the body corporate’s financial situation and their financial situation in regard to the body corporate.
  1. (1) The body corporate must—

(b)    compile and keep a complete set of all management and conduct rules including —-

  • an index; and
  • a prominent reference to any rules that confer exclusive use rights, vary the effects of the participation quotas in regard to the value of votes or the liability for contributions, or impose either a financial or a maintenance obligation on members;

(2) The body corporate must prepare and update the following records

(a) minutes of general and trustee meetings, including the following


  • the date, time and place of the meeting;
  • the names and role of the persons present, including details of the
    authorisation of proxies or other representative;
  • the text of all resolutions; and
  • the results of the voting on all motions;

(b) lists of trustees, members and tenants with their‑

  • full names;
  • identity numbers or, in the case of non-South African citizens, their passport numbers; and
  • section addresses and mailing addresses, if different;
  • telephone numbers; and
  • email or other electronic addresses, if any;

(c) lists of‑

  • sections shown on the sectional plan, indicating in each case whether it is a primary or a utility section, its participation quota and the name of the member in whose name it is registered;
  • exclusive use areas with descriptions of purposes and numbers, if any, indicating whether the rights to each area are conferred in terms of section 27 of the Sectional Titles Act or in terms of a rule, and a reference to the relevant rule where applicable; and
  • registered bondholders with their names and addresses;

(d) details of all future development rights including —

  • names and addresses of all registered holders of such rights; and
  • copies of all documentation prepared in terms of section 25(2) of the Sectional Titles Act for any such right; and

(e) any other records required by the regulations.

(3) The body corporate may obtain and keep copies of all of the following:

  • The registered sectional plan and any registered amending sectional plan;
  • the Act and the regulations;
  • resolutions that deal with changes to the common property, including the conferring of exclusive use rights on members;
  • consents and approvals given by the body corporate to members;
  • waivers and consents given by members;
  • written contracts to which the body corporate is a party;
  • any decision of an adjudicator, arbitrator, magistrate or judge in a proceeding in which the body corporate is a party, and any legal opinions obtained by the body corporate;
  • the budget and financial statement for the current year and previous years;
  • income tax returns;

(j) insurance policies, endorsement and claim forms;

(k) correspondence sent or received by the body corporate and trustees; and

(l) any other records required by the regulations.

And then in PMR 27 (4) the owners’ right to access these records

27 (4) On receiving a written request, the body corporate must make the records and documents referred to in this rule available for inspection by, and provide copies of them to —

  • a member;
  • a registered bondholder; or
  • a person authorised in writing by a member or registered bondholder.

Nowhere on this list of records to be kept by the Body Corporate does it mention recordings of meetings so the Trustees can argue that the recording does not have to be shared with owners.