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notice of trustee meetings

By Josephine Andersen on Thu, 08 Feb 2018 at 07:47

One of the new aspects of STSM is that there is an obligation to distribute minutes to the people entitled to notice of the meeting concerned (Trustee meetings) as soon as reasonably possible, but not later than seven days after the date of the meeting. I am not able to find an answer as to who is entitled to notice of a Trustee meeting. It cannot be really difficult to send emails to all members to give notice of trustee meetings and then distribute minutes within seven days. You just need a list of email addresses and then the press the send button. Not all owners would attend the trustee meetings in any case in our Scheme because most of the owners do not live here and the few of us that do live here are quite old including me.. I would like to have attended trustee meetings all along but was stopped in July 2015 and then was again allowed after October 2016. The Trustees here said they would never invite me to attend.. the then chairman said they did not feel free when someone other than a trustee was present. I think it is exaggerated to say that if members were given notice hundreds of people would attend meetings. I would like to still find an answer as to who is entitled to be given notice of meetings. How can members attend if they do not know when the meetings are held? How difficult can it be to give members notice? and distribute minutes?

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RE: notice of trustee meetings

Nico Carstens replied on Fri, 09 Feb 2018 at 06:55

You should give notice to the Trustees that you want to attend the meetings, then they must invite you and then you must receive the minutes.

RE: notice of trustee meetings

Josephine Andersen replied on Fri, 09 Feb 2018 at 07:54

Hello Nico. Your reply refers to the ruling made in July 2015 but was changed in ACT 8 of 2011 passed in October 2016. All members are entitled to attend Trustee meetings without requesting or being invited.
PMR 15(5). Trafalgar have also mentioned this on their web site. Thank you for your attention.

RE: notice of trustee meetings

Nico Carstens replied on Fri, 09 Feb 2018 at 08:25

The topic says "Notice of Trustee Meetings" and not "Notice of General Meetings"

You are looking at the wrong MR's, have a look at MR 11(3) and 11(4)....Show More

RE: RE: notice of trustee meetings

Josephine Andersen replied on Fri, 09 Feb 2018 at 12:15

Thank you Nico. However the question of being invited fell away with the new STSM as far as I understand. In sub rule 11(1) I think that this refers to a meeting that a trustee calls and gives other trustees seven days written notice of this meeting . I would understand that this is an extra meeting called by a trustee and not the regular trustee meetings which are planned by the Board of Trustees in our Scheme.

RE: RE: RE: notice of trustee meetings

Murray Bennett replied on Fri, 09 Feb 2018 at 20:23

Refer to the Sectional Title Management Act - Regulations under the library section on this FB page. IMO anyone entitled to attend under [3] has the right to insist on being notified when meetings will be held else how would they know when and were the meeting they are entitled to attend is to be held.

Calling and attendance at meetings
11. (1) A trustee may at any time call a meeting of trustees by giving all other trustees not less than seven days written notice of the time and place of the meeting and by setting out an agenda for the meeting: Provided that —
(a) in cases of urgency a trustee may give such shorter notice as is reasonable
in the circumstances; and
(b) notice need not be given to any trustee who is absent from the Republic unless the meeting is one referred to in sub-rule (5), but notice must be given to any replacement trustee appointed for that trustee.
(2) The trustees may by written resolution set the dates of and a standard agenda for their future meetings and delivery of a copy of this resolution is considered adequate notice of all such future meetings.
(3) Members, registered bondholders, holders of future development rights and the managing agent may attend trustee meetings and may speak on any matter on the agenda, but they are not entitled to propose any motion or to vote; provided that such persons are not entitled to attend those parts of trustee meetings that deal with —
(a) discussions of contraventions of the Act or rules; or
(b) any other matters in respect of which the trustees resolve that the presence of any such persons would unreasonably interfere with the interests of the body corporate or any person's privacy.
(4) If a member, a registered mortgagee or the holder of a future development right in writing requests notice of trustee meetings, the trustees must deliver to that person a copy of a notice of a meeting referred to in sub-rule (1), a resolution referred to in sub-rule (2) and a notice of any adjournment of such a meeting; provided that the body corporate may recover from the person concerned the costs of delivery of such documents.
(5) The trustees may make arrangements for attendance at a trustee meeting by telephone or any other method, if the method —
(a) is accessible to all trustees and other persons entitled to attend the meeting;
(b) permits all persons participating in the meeting to communicate with each other during the meeting; and
(c) permits the chairperson to confirm, with reasonable certainty, the identity of the participants.
(6) A person who attends a meeting as provided under sub-rule (5) is considered present in person at the meeting.

RE: RE: RE: RE: notice of trustee meetings

Josephine Andersen replied on Fri, 09 Feb 2018 at 21:24

Thank you so much.

RE: RE: RE: notice of trustee meetings

Nico Carstens replied on Sat, 10 Feb 2018 at 05:52

NO, that is for all meetings of the Trustees. Under the STSMA YOU must notify the Trustees that you want to attend their meetings.

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