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Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)

6. Meetings of bodies corporate

 

 

1) The meetings of the body corporate must take place at such time and in such form as may be determined by the body corporate.

 

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.

 

5) A member may be represented in person or by proxy at such meeting: Provided that a person must not act as a proxy for more than two members.

 

6) When votes are calculated in value, each member’s vote is calculated either—
a) as the total of the quotas allocated to the sections registered in that member’s name; or
b) in accordance with a rule made in terms of section 10(2), whichever is applicable.

 

7) When votes are calculated in number, each member has one vote.

 

8) Where the unanimous resolution would have an unfairly adverse effect on any member, the resolution is not effective unless that member consents in writing within seven days from the date of the resolution.

 

9) A body corporate or an owner who is unable to obtain a special or unanimous resolution may approach the chief ombud for relief.