Community Scheme Meetings vs Load Shedding

Holding of Sectional Title Scheme Meetings or Home Owners Association Meetings has always had various challenges, from ensuring that the meeting is scheduled at a time and place convenient for all of its members, to having a quorum present on the day in order for the meeting to proceed. 

Covid-19 and Lockdown Restrictions has further added to these challenges. Community Schemes however has started using technology to hold their meetings, may it be a Trustees or Directors Meeting or the Annual General Meeting being held via Zoom, Teams etc.  

Even with lockdown restriction beings eased and Community Schemes becoming more comfortable using technology for their meetings, there is yet another challenge that we face …Load Shedding. 

It is difficult enough to ensure that all Members can participate in these meetings and to manage these meeting in such a way that all parties present has the opportunity to express their views without interruption and cast their votes. But what happens when the meeting is interrupted by load shedding? This leaves the Chairperson having to decide to either proceed with the meeting or to adjourn the meeting to a later date. 

Sectional Title Scheme Meetings 

A Body Corporate has to act within the legal framework of the Statutory Provisions contained in the Sectional Titles Act and the Sectional Title Schemes Management Act. 

The following needs to be taken into consideration:

• STSMA 6(1) “The meetings of the Body Corporate must take place at such a time and in such a form as may determined by the Body Corporate” 
• PMR 18(3)(e) The chairperson of any members meetings must “ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption”

How does the Chairperson meet these provisions when a meeting via Zoom or Teams is interrupted by load shedding? Or even a physical meeting? 

• PMR 18(3)(f) The chairperson of any members meetings must “adjourn the meeting when it is not able to complete or continue with its business” 

The Chairperson needs to ask the question – Can the members continue to participate, as per PMR 18(3)(e)? 

Home Owners Associations 

Home Owners Associations are governed either by the Companies Act or Common Law Act, but in most instances the Memorandum of Incorporation will deal with the rights of the Chairperson, including if the Chairperson may adjourn a meeting due to a disturbance preventing the effective continuation of the meeting. 

Overview

The Chairperson needs to ensure that all members participating in the meeting can continue to effectively and efficiently participate in the meeting.  

Should the Chairperson opt to continue with the meeting, any member that was not able to effectively and efficiently participate in the meeting could challenge the validity of the meeting and any decisions made at the meeting. 

How can LevyTate help your Scheme?

LevyTate Managing Agents will assist you with the management of all your community schemes’ financial, legislative and administrative requirements. For more information send us an email on info@levytate.co.za.