Owners refuse to pay for photocopy recoveries for AGM packs – they don’t sign a resolution either but only want their notices emailed. What now?
The STSM Act states that notice of a general meeting must be delivered to:
- Members at their service address
- Other persons at the most recent physical / postal / fax or email address they have given the BC in writing.
Quote from the STSM Act:
PMR 15(6) Notice of a general meeting must be delivered to—
(a) members at their service addresses in terms of rule 4(5), and
(b) other persons at the most recent physical, postal, fax or email address of which they have notified the body corporate in writing.
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.
Quote from the STSM Act:
Section 6(2) 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—
(a) delivered by hand to a member;
(b) sent by pre-paid registered post to the address of a member’s section in the relevant scheme; or
(c) 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 notice.
(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 the owner wants his notice only to be emailed it can only be for meetings where there are no special or unanimous resolutions – and only if he requests in writing that his email address be used as his domicilium / service address.