Notice of Trustee meetings

We are having a Trustee meeting of our Body Corporate next month. One of the Trustees is not in the country at the moment. Whom should we notify of the meeting? Only those Trustees who are in the country? And what about the owners? Must they also be notified?

Let’s look at what the STSM Act states:

  1. PMR11

    1. (1) A trustee may at any time call a meeting of trustees by giving all other trustees not less than seven days written notice of the time and place of the meeting and by setting out an agenda for the meeting: Provided that –
    • in cases of urgency a trustee may give such shorter notice as is reasonable in the circumstances; and

    notice need not be given to any trustee who is absent from the Republic unless the meeting is one referred to in sub-rule (5), but notice must be given to any replacement trustee appointed for that trustee.

So it is not needed to give notice to the Trustee that is not in the country.

In terms of notifying the owners the following applies:

  1. PMR 11

    (4)        If a member, a registered mortgagee or the holder of a future development right in writing requests notice of trustee meetings, the trustees must deliver to that person a copy of a notice of a meeting referred to in sub-rule (1), a resolution referred to in sub-rule (2) and a notice of any adjournment of such a meeting; provided that the body corporate may recover from the person concerned the costs of delivery of such documents.

So only if an owner requested in writing to be notified of Trustee meetings is this needed.  It is also possible for the owners at the AGM to request under directions and restrictions to the Trustees that all owners always be notified of Trustee meetings