The Trustees requested the details of a tenant from the owner. The owner refused to give it to the Trustees saying they have no right to ask for this. How can we assist the Trustees with this?
You can actually refer them to two portions in the STSM Act.
PMR 27
(2) The body corporate must prepare and update the following records —
(a) minutes of general and trustee meetings, including the following information‑
- 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;
- 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;
And then from the Act itself
- (1) An owner must— (f)notify the body corporate forthwith of any change of ownership or occupancy in his or her section and of any mortgage; and
So it is one of the duties of the owner to notify the Body Corporate of the details of their tenants and it is one of the duties of the Body Corporate to keep lists of the tenants’ details.