The ongoing strict COVID-19 lockdown restrictions have forced the community scheme property industry to embrace digital solutions to ensure that meetings , whether governing body or general meetings , can continue . With physical or face to face meetings becoming more difficult to host , online meetings have becoming the norm and nonresident members can now attend from anywhere in the world , says Chantel van Heerden , national chairperson of the National Association of Managing Agents of South Africa ( NAMA ).
With the industry forced to change the way it conducted community scheme meetings , electronic meetings are now seen as “ normal ” and more members are now requesting electronic meetings . But , says Van Heerden , setting up an electronic meeting , especially for bigger schemes , can be a challenge if the managing agent and trustees do not have the necessary tools to facilitate such a meeting .
Marina Constas , director at BBM Law and a specialist on community scheme property law , says there have undeniably been challenges for the industry , particularly at the beginning of the first strict lock down . With limitations on how many people could meet face to face , and social distancing regulations , it became impossible to host the in person meetings which owners were used to . Trustees and managing agents were initially flailing around , but soon it became evident that the legislation provided for a meeting by other methods . “ Management Rule 17 ( 10 ) ( a )( b ) and ( c ) of the Sectional Titles Schemes Management Act 8 of 2011 makes provision for attendance at an annual or special general meeting by any other method if the method is accessible to all members and other persons entitled to attend the meeting , permits all persons participating in the meeting to communicate with each other during the meeting , and permits the chairperson to confirm , with reasonable certainty , the identity of the participants ,” says Constas .
She says as long as they comply with the above prerequisites , the meetings are legal and as it turns out , extremely viable . “ Virtual meetings essentially yield benefits for owners and managing agents . A virtual meeting is more convenient , less time consuming and in my view , more productive . The negative sides are of course where technology fails and the personal contact between fellow owners is lost . Schemes must ensure that they do have the online tools which emanate from a reputable company . Very often major decisions are taken within a scheme which have massive financial implications . Trustees cannot afford to have resolutions invalidated by a court due to faulty voting platforms .