Q
A
What is the effect of the POPI Act on the Sectional Tittles Schemes Management Act that grants any body-corporate member the right to other members ’ information ?
We always want to put the POPI act in a box and
think that consent is the only provision under which you are able to share information , and that is not true . There is a very important principle that needs to be understood well by everyone , that the act does make provisions that when you are processing information for a legal obligation , you are permitted to process information . If it is a prescription under that legislation , then that would be
PROPERTY ADVICE
TALITA OLIVIER ETUDE
the basis of processing that information . That is only the one side of it . Even if you are sharing that information legally , you still need to follow the correct legal procedure in doing so . This means you will only divulge the format of the information based on the information required for that particular legal obligation . Here you would be opening up an individual ' s personal records that are not relevant to the legal prescription . Prior to divulging the information , you are expected to make certain that the person sharing the information with has the right to that information .
Q A
What governs the homeowners association regarding levy fees ?
Home owners associations are not governed by the
sectional tittle schemes management act , they would be constituted under the companies act as the homeowners associations with a memorandum of incorporation . I have found that the companies act is quite a clumsy vehicle to manage properties . That is what there is at the moment , you will have to look at the memorandum of incorporation to discover what provisions are entrenched there in , concerning levies .
MARINA CONSTAS BBM LAW
Q
How do you ensure a regular income if you cannot impose levy penalties on non-paying owners in sectional tittle schemes ?
A
Unfortunately , the only thing that you are entitled to pose is interest and interest cannot be punitive it has to be in line with the national credit Act . There is nothing special about sectional tittle , we are like creditors and debtors , we have to keep people in line with striking while the iron is hot , if by the 7th of the month people haven ' t paid you need to do what you need to do – hand them over .
SA Real Estate Investor Magazine MARCH 2021 5