An AGM is being called with short notice and the BC is passing the conduct rules as a special resolution. Would registered mail still be applicable? And also – there are so many post offices that are closing down – why should we still send the notices by registered mail anyway?

The STSM Act states the following:

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

There is no provision in the Act that should there be shorter notice given of the meeting that the notices no longer have to be sent by registered post.  The minute there is a special or a unanimous resolution on the agenda of the meeting then the notices must always be sent by registered post.

The Act will most probably change on this in the future due to many post offices closing down but in the meanwhile, the only way around it is to hand deliver the notices to members.