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AGM Meetings

By CHARLENE NAIDOO on Wed, 03 Jan 2018 at 21:45

i have recently purchased a sectional title property (FEB 2017), due to personal circumstances i have unable to move into the property, however i have never been given any correspondence about AGM or meetings/events/rules of the complex, recently i contacted the new agent in charge to enquire about the AGM, and i have had no response, what is the best solution to getting some answers, and someone to respond?

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RE: AGM Meetings

Frances Paton replied on Thu, 04 Jan 2018 at 15:53

Hi Charlene
As an owner you are entitled to copies of all the documents you have referred to. Please familiarise yourself with the Prescribed Management Rules (available on this website as annexure 1 to the regulations to the Sectional Titles Schemes Management Act), and in particular PMR 27 which, among other things, obliges the body corporate to make documents available to the owner of a section within ten days of receiving a written request for them (the exception being the rules, which must be provided in five days from receipt of the written request). I suggest you address an email to the managing agent, formally requesting the documents which you require, and giving ten or five days, as the case may be, to comply with your request in terms of PMR 27(5). You should request a copy of the minutes of the last AGM, together with all supporting documentation, including a copy of the most recent audited accounts. Minutes of the past year’s trustee meetings as well as minutes of any special general meeting that may have been held over that period would be useful. The body corporate was obliged to deliver a copy of the management and conduct rules to you on your becoming the owner of a unit in the scheme. As they have not done so, you should request copies of the rules within five days.
If you fail to get a response after five days I would suggest you address a further email to the managing agent, requesting the names and addresses of all trustees as well as of members of the body corporate, indicating that this information is required in order enable you to escalate your request. If this fails to produce the desired result you can approach the Ombud for an order to make the documents available to you.

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