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!

Bank Statements and the POPI Act

Member’s question:

Good day Paddocks,

An owner has in the past requested getting a copy of the physical bank statement every month. They then check all incoming and outgoing payments and requests copies of invoices etc. The trustees are reluctant to provide her with a copy of the bank statement as this contains personal information of the payment an owner makes, name, section number etc. With reference to POPIA, may the trustees still provide her with a copy of the bank statement?

Thank you

Graham’s answer:

Dear member,

I think the bank statement is covered by PMR 26(2), so the trustees must let her have a copy.

Regards
Graham

Members unhappy with trustee nomination

Member’s question:

Hi Graham

We have a situation where someone would like to stand as a trustee, however the remainder of the trustees are not happy to have this person as a trustee for various reasons.

Do the remainder of the trustees have any say, is there a way that we can prevent this person from standing as trustee?

Secondly, where there is a household with a husband and wife (unit in both names), may both of them stand as trustees or is there something preventing them from doing this? Other trustees and owners are happy for both to stand. If it is permitted would both trustees each have a vote at trustees meetings or only 1 of them.

Graham’s answer:

Dear member,

You cannot prevent this person being nominated or accepting nomination for election as a trustee.

Other owners are entitled to share their views as to why this person would not be a trustee, and in the circumstances I suggest that if they have any solid evidence of previous wrongdoing they may have a duty to share that with other owners.

But to address your questions:

• no, there is no requirement for seconding a trustee nomination [PMR 20(1)(a)],
• yes, it is possible for non-owners to be elected trustees [PMR 6(1)],
• yes, both husband and wife can be elected [PMR 6 generally], and
• yes, each trustee has a separate vote at trustee meetings [PMR 14, particularly (1) and (2)].

I suggest you read PMRs 5 to 14.

Regards,
Graham

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Article reference: Paddocks Press: Volume 17, Issue 2.

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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