By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum, to show you what is available to our Community members!

Does the POPI Act apply to the presentation of the levy roll?

Member’s question:

Good day Paddocks,

Please can you advise with the new POPI Act that came into place, are owners, that aren’t trustees, allowed to have the levy roll which shows which owners have outstanding/arrear levies, and the amount that they are in arrears?

Keeping in mind that the Levy Roll shows the owners name and the unit number and as far as I understand, owners, that aren’t Trustees, are not allowed to have this information as it is in breach of the other owners’ personal information.

Thank you in advance for your assistance.

Regards

Graham’s answer:

Dear member,

Yes, in my view owners who are not trustees are still entitled to get copies of the Levy Roll you refer to.

This is not personal information that is protected under POPIA.

Regards,
Graham

Do married/co-owner trustees each get a full vote at a trustee meeting?

Member’s question:

Good day Paddocks,

May a married couple or two co-owners of a unit both be trustees with separate individual votes at a trustees’ meeting?

Graham’s answer:

Dear member,

Yes, if they are both elected as trustees they will each have one vote in that capacity at trustee meetings. Trustees are elected as individuals, not as representatives of a particular unit. They don’t even have to be owners of units.

This is in terms of PMR 14(2), which provides:

(2) Each trustee is entitled to one vote; provided that if the deliberative votes of the trustees, including that of the chairperson, are tied, the chairperson has a casting vote, unless there are only two trustees.

Regards,
Graham


Article reference: Paddocks Press: Volume 16, Issue 7.

Graham Paddock is available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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