Can we just email AGM notices?

If we look towards the STSM Act we see the following regarding notices of meetings

And this is only for a General meeting that have no special or unanimous resolutions on the agenda

PMR 15

(6) Notice of a general meeting must be delivered to—

• members at their service addresses in terms of rule 4(5), and
• other persons at the most recent physical, postal, fax or email address of which they have notified the body corporate in writing.

So what is this service address they are talking about?

The definition in the STSM Act states the following:

“service address” means the service address of a member or the body corporate in terms of rule 4

What does Rule 4 state?

PMR 4

• The service address for any legal process or delivery of any other document to a member is the address of the primary section registered in that member’s name; provided that a member is entitled by written notice to the body corporate to change that address for purposes as contemplated in subsections 6(3)(c) and 6(4) of the Act to another physical address, postal address or fax in the Republic of South Africa or to an email address, and that the change in the service address of the member is effective when the body corporate receives notice of such a change.

So by default the service address (that is also called the domicilium) of the owner is the address of his unit.  It is however possible for the owner to change his service address in writing to the Body Corporate to another address or even email address.

Further to this the STSM Act stipulates that for meetings where a special or unanimous resolution must be passed notice must specify the propose resolution and must be delivered in one of the following ways:

• Hand delivered to the member
• Sent by prepaid registered post to the address of the member’s section in the relevant scheme
• Sent by prepaid registered post to the physical or postal address provided by the member (in writing)

The Act then further states that IN ADDITION to this the notice may also be faxed or emailed to the member.  Please take note – it must first be sent by one of the three ways and then thereafter it can also be faxed or emailed – it cannot ONLY be faxed or emailed.

Section 6

• The body corporate must, at least 30 days prior to a meeting of the body corporate where a special resolution or unanimous resolution will be taken, give all the members of the body corporate written notice specifying the proposed resolution, except where the rules provide for shorter notice.

(3) The notice contemplated in subsection (2) must be—

• delivered by hand to a member;
• sent by pre-paid registered post to the address of a member’s section in the relevant scheme; or
• sent by pre-paid registered post to a physical or postal address in the Republic of South Africa that a member has chosen in writing for the purposes of such

(4) In addition to subsection (3), a notice contemplated in subsection (2) may also be sent to a member by fax or email.

So if there is a special or unanimous resolution on the agenda of the General meeting the notices must either be hand delivered or sent by pre-paid registered post. 

Section 6(4) states that

“in addition” to this – in other words “over and above this” – in other words “after sending it in this way” – the notice can also be emailed to the owner.

So you cannot just email the notice to owners and think that you have given adequate notice of the meeting.

You need to get your owners to change their service address / domicilium – in writing – to their email address; and only thereafter will the mere fact that you emailed it to them be seen as adequate notice of the meeting.