Mandating Procedures of Provinces Act, 2008
R 385
Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011)RegulationsSectional Titles Schemes Management Regulations, 2016AnnexuresAnnexure 1 : Management rulesPart 6 : Administrative Management27. Governance documents and records |
| (1) | The body corporate must— |
| (a) | lodge a notification of an amendment to the scheme's rules referred to in section 10(5) of the Act as soon as reasonably possible, but not later than 10 days after the date of the relevant resolution of the body corporate; and |
| (b) | compile and keep a complete set of all management and conduct rules including— |
| (i) | an index; and |
| (ii) | a prominent reference to any rules that confer exclusive use rights, vary the effects of the participation quotas in regard to the value of votes or the liability for contributions, or impose either a financial or a maintenance obligation on members; |
| (c) | prepare a consolidated set of rules whenever they are amended. |
| (2) | The body corporate must prepare and update the following records— |
| (a) | minutes of general and trustee meetings, including the following information— |
| (i) | the date, time and place of the meeting; |
| (ii) | the names and role of the persons present, including details of the authorisation of proxies or other representative; |
| (iii) | the text of all resolutions; and |
| (iv) | the results of the voting on all motions; |
| (b) | lists of trustees, members and tenants with their— |
| (i) | full names; |
| (ii) | identity numbers or, in the case of non-South African citizens, their passport numbers; and |
| (iii) | section addresses and mailing addresses, if different; |
| (iv) | telephone numbers; and |
| (v) | email or other electronic addresses, if any; |
| (c) | lists of— |
| (i) | sections shown on the sectional plan, indicating in each case whether it is a primary or a utility section, its participation quota and the name of the member in whose name it is registered; |
| (ii) | exclusive use areas with descriptions of purposes and numbers, if any, indicating whether the rights to each area are conferred in terms of section 27 of the Sectional Titles Act or in terms of a rule, and a reference to the relevant rule where applicable; and |
| (iii) | registered bondholders with their names and addresses; |
| (d) | details of all future development rights including— |
| (i) | names and addresses of all registered holders of such rights; and |
| (ii) | copies of all documentation prepared in terms of section 25(2) of the Sectional Titles Act for any such right; and |
| (e) | any other records required by the regulations. |
| (3) | The body corporate may obtain and keep copies of all of the following: |
| (a) | The registered sectional plan and any registered amending sectional plan; |
| (b) | the Act and the regulations; |
| (c) | resolutions that deal with changes to the common property, including the conferring of exclusive use rights on members; |
| (d) | consents and approvals given by the body corporate to members; |
| (e) | waivers and consents given by members; |
| (f) | written contracts to which the body corporate is a party; |
| (g) | any decision of an adjudicator, arbitrator, magistrate or judge in a proceeding in which the body corporate is a party, and any legal opinions obtained by the body corporate; |
| (h) | the budget and financial statement for the current year and previous years; |
| (i) | income tax returns; |
| (j) | insurance policies, endorsement and claim forms; |
| (k) | correspondence sent or received by the body corporate and trustees; and |
| (l) | any other records required by the regulations. |
| (4) | On receiving a written request, the body corporate must make the records and documents referred to in this rule available for inspection by, and provide copies of them to— |
| (a) | a member; |
| (b) | a registered bondholder; or |
| (c) | a person authorised in writing by a member or registered bondholder. |
| (5) | The body corporate must comply with a request for inspection or copying under this rule within 10 days unless the request is in respect of the rules, in which case the body corporate must comply with the request within five days. |
| (6) | The body corporate may charge a fee for a copy of a record or document other than the rules, provided that the fee is not more than the reasonable cost associated with the process of making the copy, and the body corporate may refuse to supply the copy until the fee is paid. |
| (7) | If the body corporate terminates its contract with an employee or a managing agent, that person must within 10 days deliver to the body corporate all records referred to in this rule that are in the person's possession or under the person's control. |
| (8) | The records referred to in this rule must be in writing or in a form that can be easily converted to writing. |
