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When are minutes required?
Please could I get clarity with regards to The Act says: Sectional Titles Act, 1986 Sectional Titles Regulations Annexure 8 Management Rules Duties of trustees Minutes 34. (1) The trustees shall-- (a) keep minutes of their proceedings;
What is legally regarded as a \"proceeding\". If the Trustees met with an owner at his premises to discuss his concerns with maintenance issues at his unit.....is this regarded as a \"proceeding\" and therefore needs to be \"minuted\".
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RE: minutes??
One of the Rules of Interpretation of Statutes indicates that words shall assume their ordinary meaning unless otherwise indicated.
There is no indication in the S/T Act as to the meaning of "Proceedings".
The Oxford English Dictionary defines this as :
An Event or a series of activities with a set procedure.
Therefore I would say that Trustees meeting with an owner on an ad hoc basis would not be a proceeding and would not require a minute to be recorded. However it might be adviseable to have some written record of the discussion, if applicable to an undertaking given by either party.
RE: RE: minutes??
thanks
RE: minutes??
Hi Michael,
I fully agree with John. If anything could become contentious at a later date, it should be recorded in writing, and where better than the minute book. It does not have to be a word for word account, but should contain the main points of the meeting/discussion.
RE: minutes??
The mere fact that this question has been posed (again) points towards it being of importance.
However - a trustee meeting requires notification and a quorum. The example above does not lead one to assume that the meeting qualifies in terms of the cited requirement.
Procedurally, if the matter concerns more than a breath of air between the trustees and owner, the trustee would have to report to the trustees "in meeting" to take effect.
RE: minutes??
Hi Michael. I agree with the others. You could also consider giving the trustees a direction in terms of ยง39(1) of the STA that all decisions have to be minuted at your next special general meeting or annual general meeting.
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